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HoUinger Corp. 
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18tli CONGRESS, 
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[93] 



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M1^§^A(^11 



FBOM THE 



PRESIDENT OF THE UNITED STATES, 



TRANSMITTING 



eo|ift!$ Of at QLnxxmt^nx(ntntt^ Set. 



UPON THE SUBJECT OF 



The Capture and Detention^ by British Armed VesselSj 



OF 



AMERICAN FISHERMEN, 



DURING THE lAST SEASON. 



Fi^i^r-'JARY 18, 1825. 
Read, and ^I«p. ,3d^<^ ^ -e Committee of Foreign Relations. 



WASHINGTON: 

rBXSTED Br OltES y SEATOSi 

1§25. 



[93 1 



Department of State, 

Washington, Feb. 16, 1825. 

The Secretary of State, to whom has been referred a resolution of the 
House of Representatives, of the 1st instant, requesting the President of 
the United States to cause to be laid before it such information as might 
be in his possession, and which, in his opinion, it would be proper to com- 
municate, touching the capture and detention of American Fishermen, 
the last season, in the Bay of Fundy, and what progress has been made 
in obtaining redress; has the honor, respectfully, to submit to the Presi- 
dent, copies of the letters and documents in this Office, which contain 
the information called for by the resolution referred to. 

JOHN QUINCY ADAMS. 



[93] 



LIST OF PAPERS. 



Mr. Brent to Mr. Addington, September 8, 1824. 

ENCLOSURES. 

Memorial of Aaron Hayden and others, July 27, 1824. 
Affidavit of Robert Small do. 

of Elisha Small do. 

of Elias Picket do. 

Memorial of Hayden, Kilby, and others, August 16, 1824. 

of J. G. Faxon do. 

Protest of Harding, Clark, and others, July 22, 1824. 
Affidavit of Charles Tabbuts 23, 

Protest of Hubbard, Hantz, and others, 24, 

of James Woodward, sen. and others, August 7, 1824. 

Mr. Brent to Mr. Addington, September 21, 1824. 

ENCLOSURES. 

Messrs. Wass and Nash to Mr. Adams, September 6, 1824. 
S. Eoiery for Wilmot Wass, to same do. 

Protest of Charles Talbut, and others, September 23, 1824. 

Mr. Brent to Mr. Shepley, October 8, 1824. 

Mr. Addington to Mr. Adams 5. 

ENCLOSURES. 

R. A. Lake to Mr. Addington, September 9, 1824. 
Captain Hoare to R. A. Lake, August 26, do. 
Same to same, September 2, 1824. 
Same to same, do. 

Mr Shepley to Mr. Adams, November 6, 1824. 

ENCLOSURES. 

Affidavit of Robert Small, November 5, 1824. 
of Paul Johnson do. 

of Hebbert, Hunt, and others, 5th and 6th November, 1824. 
of J'tnes Wass, and John Wright, November 1, 1824. 
of Charles Tabbut and Josiah W. Perry 2, 

of Ciiristopher Wass and Jones Wass 1, 

of Joel M'Kinsey 3, 

of Otis Bryant and Moses Smith 3, 

of Jacob Winslow 5, 

of Wm. Howard, Benj. Newman, and Thos, Brown, 6, 



8 C^^3 

Affidavit of Elisha Small and Benjamin Small November 6. 1824. 
of B.W.Coggins and Henry Coggins. o, 

of Harding Clark, „ ^ ^ „ l' 

of Wm. Rumery and Robert Rumney ,„^^ '^^ 

Copy. 



93] 



9 



Mr, Brent to Mr. Mdingion, dated 

September Sth, 1824. 

Sir: I have the honor to transmit to you three memorials from siui= 
dry citizens of the United States, belonging to the state of Maine, ac- 
companied by seven protests and affidavits, which exhibit the nature 
and extent of the facts referred to by the memorialists, complaining of 
the inteiTuption which they have experienced during the present sea- 
son, in their accustomed and lawful employment, of taking and curing 
fish in the Bay of Fundy, and upon the Grand Banks, by the British 
armed brig Dortterel, commanded by Captain Hoar, and another ves- 
sel, a provincial cuttej* of New Brunswick, acting under the orders of 
that officer; and earnestly soliciting the interposition of this Gov- 
ernment, to procure for them suitable redress. With this view, I 
w^as charged by the Secretary, before his late departure from this 
city, to communicate to you the above papers, and to request your 
good offices towards obtaining for the suJBTercrsthe indemnity to which 
they appear to be so well entitled, not only from the peculiar nature 
and extent of the injuries and losses of which they complain, proved 
and illustrated as they are, by the series of protests and depositions 
accompanying their memorials, but from the serious violation of the 
rights and liberties of the citizens of the United States which they in- 
volve, in the use of the same fisheries; and I have the honor, accord- 
ingly, to request that you will have the goodness to make such repre- 
sentations to the commanding officer of the naval forces of your Go- 
vernment on that station, or to the Colonial Government of New Bruns- 
wick, as may be available, not only for the relief of the memorialists, 
but for the prevention of similar interruption, in futures 

I have the honor to be, with distinguished consideration, sir. 
Your obedient and very humble servant, 

DANIEL BRENT. 

ENCLOSURES. 

Memorial of Aaron Hayden, Kilby, and others, 27th of July, 1824, 
Do. of J. G. Faxon. 
Do. of Aaron Hayden, JohnBurgin, and others. 



10 [ 1>6 ] 

To the Hon. John Quincy Adams, 

Secretary of State for the United States. 

The memorial of the inidersigncd, merchants iuid ship ovvnci's, resid- 

i!\^ at Eastport, in the connty of Washington ami state of Maine, 
Respectfully represents: 

Tiiat yonr memorialists, (Iwi'ing the present year, have invested a 
larger amount of property in vessels than they have heretofore done, 
for the pui'pose of cari"}ing on the hiisiness ol lisliing; that the indus- 
try and cnterpi'ise of our seamen have heen unusually directed to the 
emjdoyment of taking and curing fish, under the encouriiging and be- 
neficial laws of tljeir country; and Ihat, without intcrriijition from a 
foreign power, their labors would have been crowned with success, 
and tiiey would have enjoyed the fruits of their toil. 

But yotir memorialists have to regret the necessity ^^hicll compels 
them to state to the Hon. Secretary tlieir grievances, and requires of 
them to seek redress, through him, for the many acts of violence and 
injustice which have been committed by his Biitanic Majesty's brig 
Dotterel, commanded by Capt. Hoar, in total disregard, and in vio- 
lation, of the subsisting treaty between the two governments. Your 
memorialists, premising that the American fishermen in the Bay of 
Fundy, for tliese two or three years Isist past, have been interrupted 
and taken by British armed vessels, w bile fishing agrcably to the pro- 
visions of the treaty, beg leave respectfully to state, that, during the 
present year, the Britisi) armed brig Dotterel has captured nine sail 
of fishing vessels, and sent some of them into the province of New- 
Brunswick for adjudication, while othei'S have been converted into 
tenders, Avithout ti-ial, for the purpose of better molesting our fisher- 
men. They have insulted and abused the crews, turned them on 
shore in a foreign country, entirely destitute, and without the means 
of returning to their homes, and have said, repeatedly, tliat they 
would take American fishermen wherever they were to be found, and 
without regard to the treaty. 

That the bi-ig's barge has come into the wharf at Eastport, and 
taken and carried aw ay two boats laden with floui*. 

That the American fishermen have beeji so molested on the fishing 
ground in the Bay of Fundy, common to both countries, that thej 
dare not again attcm])t to avail themselves of the rights and privileges 
secured to them by treaty, and ANhich are well defined and well un- 
derstood by every fishei-man: and, inasmuch as they are debarred the 
])rivilege of making a harbor, for the purposes of slielter, and pur- 
chase wood, arjd procure w ater, it oj)erates as a deprivation of a great 
and im})ortant benefit, which they feel that they have a right to enjoy 
without interruption. 

That, unless something be done for the protection of our fishermen, 
your memorialists believe that many vessels of this and the neighbor- 
ing states will be captured or thrown out of employ, with great itijury 
to private interest, and not witliout an infringement of public rights. 

Referring the Hon. Secretary, therefore, to tiie annexed affidavits 
of the masters of three of the captured vessels, and holding ourselves 



[93] ii 

iNesponsible for tl»e truth of the above allegations, your mcmoi-iiilists 
respectfully refjsiest that soinc prompt an;! eilicient measures jnay be 
adopted by oiii' Government, to protect us in our riglits and pursuits, 
and that our fishei-men may not be molested, nor Oiir siiores invaded 
■^ith impunity by the sid))cctsof any tbs*ei<^n ])ov<'er; 
Aiii'oi! nayde% Joini Davis, 

John llurgin, BuckuiUA & Goiniisonj. 

Samuel Wheeler^ Daniel Kilty, 

Geor-ge Ilobbs, Guauiel biarns^ 

.iillijah D. Green^ O. S. Livermoi-e, 

Joseph C Noyes, Edward Baker, 

N. F. Deerii!'?:, G. Lam})re7, 

II. T. Enicry, Bcnjainin B. Leavitt;,. 

Jjorenzo Sabing,. James M. Lincoln, 

Joaalhan Buck, Jt/.iU T. Jones, 

Ezekiel Prince, Nathan Buclinain,. 

Isanr Ilobbs, Thomas Grern. 

•TojiT Wchstc?*,. iienj'unln Diickisam, 

Edward Ilsley,, John Shaw, 

John Norton, Caleb Cliacc, 

Charles Brooks,, W, Eustis, 

Jeri'y B'.niain, William M. Brooks.. 

Abel Stephens^ 

M}J 2r, 1324. 



Easti'okt, July 2,7 ill, \SM\ 

I, Rohert Small, master of the schooner Rein:]eer. of Lubec, do 
testify, declare, and say. that I sailed from Lubec, in tlie state of 
Maine, in the above schooner, on the 22d day of July. 1 824, on a fish- 
ing voyage in the Bay of P'undy. On Sunday the 25tli July, finding 
our water very bad, went into a harbor in an uninhabited place cal 
led "Two Isiamls," near Grand Menan, for tiie puipose of procuring 
afresh supply of wood and water. That we picked up about one 
cord of drift woad from off the beach of said Island, and filled two 
barrels of water frons, a spring or hrof)k on said island. And on 
Monday moi'iiing following, about 4 o'clock, got under weigli and 
towed out of the harbor — it being calm; am! vvlien from one to two 
miles from the shore, we weie boarded by a barge from the British 
man of war brig Dotterel, containing nine men, with arms, <^.c. com- 
manded by an oJliccr from said brig, of the name of Jones, who took 
possession of my vessel and papers, and brought her to anchor; me- 
nacing myself and crew with violence; tlireatening our lives, he. 
They then took out all our crew, witli tlie exception of myself, j)ut 
them on board the schooner Friend, Goggins of Lubec, whicl» ves-^el 
they also captured, and made a cartel of, as tliey termed it; manned 
my vessel, and ordered her for St. Andrew's, New Brunswick. 

While on our voyage, we had caught r.o fisii within from six to 



12 r93 3 

eighteen miles from shore. We had no goods or merchandise on 
board, nor did we go into a harbor far any other purpose than to 
procure wood and water. ROBERT SMALL. 

State of Maine, ") 
Washington. J 

Then personally appeared, the said Robert Small, and made so- 
lemn oath, that the foregoing statement, by him subscribed, was true, 
before me, 

FREDERICK HOBBS, 

Justice of the Peace, 



Eastpoet, July 27, 1824. 

I, Elisha Small, of Lubeck, Maine, on oath declare and say, that^ 
on the seventh of July inst. 1 left Lubeck as master of the schooner 
Ruby, on a fishing voyage in the Bay of Fundy, and on the 25th July, 
beitig nearly destitute of wood and water, we made for the outer 
islands Jyi'ig near Grand Mcnan, and finding the sea so heavy that 
we could not land, we went into the harbor of the "Two Islands," 
so called, to get a supply. We got in there between three and four 
o'clock, p. M.; when I sent my boat and seven hands to fill water, 
and get wood We got one boat load of drift wood, and filled four 
barrels of water, when day-light shut in. and we had not time to get 
more. The wind died away calm, and we could not get out of the 
harbor again that night. The next morning we got under weigh with 
a very light wind, and got out of the harbor, and it died away calm 
again. We were tlien boarded by a barge belonging to the British 
armed brig Dotterel, commanded by an officer of said brig by the 
name of Jones, and having on board nine men, armed with guns, 
cutlasses, dirks, and pistols. Jones demanded my papers, which I 
delivered uj), and ordered my crew forward — told his men to go down 
and search the vessel: they found nothing but fish, and salt, and fish- 
ing gear. He then told my crew to take their dunnage, ordered them 
on board the fishing schooner Diligent, which had previously been 
taken, and sent Caj)tain Ficket, of the Diligent, to Lubeck with the 
men. We had no merchandise on board the said schooner Ruby; 
bad not caught a fish, or attempted to catch one, within five miles 
from the shore, nor had we been into any harbor, until the one above 
named. ELISHA SMALL. 

State of Maine, "> '' 

Washington, J 

Then personally appeared the said Elisha Small, and made 
oath that the foregoing statement, by him subscribed, was true. 

Before me, 

FREDERICK HOBBS, 

Justice of the Peace, 



[93] 



la 



Eastpoet, July 27ih, 1 824. 

I, Elias Picket, master of the schooner Diligent, of Harrington' 
Maine, do testify, declare, and say: That, on tiie sixteenth of July, 
eighteen hundred and twenty-four, I left Eastport, Maine, in tiie 
above schooner, for a fishing voyage, in the Bay of Fundyj that, on 
Sunday, the twenty-fifth of July, being nearly destitute of water, we 
repaired to a place called "Two Islands," lying to the southward of 
Grand Menan, about three fourths of a mile, and on which there are 
no inhabitants, and procured two barrels of water from a spring or 
brook on said island. On Monday morning, got under weigh, and 
the wind being light, towed out of the harbor; and when about one 
and a half miles from the shore, while attempting to get on the fish- 
ing ground, (which is six to nine miles from any shore) we were board- 
ed by a barge from the British man of war brig Dotterel, command- 
ed by a sailing master, whose name was Jones, and havinjc on board 
nine men — taken possession of, and ordered to receive on board the 
crew of the schooner Ruby, of Lubeck, which vessel they had previ- 
ously captured, and to sail immediately to Lubeck, as a cartel there- 
by interrupting us in our lawful em])loyment, and destroying our 
fishery. I further declare, that we had no goods or merchatidise on 
board our schooner; that we did not go into a harbor for any other 
purpose than to obtain a supply of water. 

We were not fishing where we were captured, nor had we attempt- 
ed to catch fish within more than six miles from the shore, while on 
our voyage. I further declare, that we were badly used by the barge's 
officers — threatening to shoot us, &c. &;c. And they said their orders 

were to capture all Americans they met with, right or wrong 

that there was no treaty — and that Americans should not fish in Bri- 
tish waters. 

ELIAS FICKET. 
State of Maine, \ 
WashingtoHf ss. j 

Then personally appeared the said Elias Picket, and made solemn 
oath, that the foregoing statement by him subscribed, was true, before 
me, 

FREDERICK HOBBS. 

Justice of the Peace, 



To the Hon. John Q. Adams, 

Secretary of State: 

The undersigned, inhabitants of the county of Washington, in the 
state of Maine, interested in the fisheries in the Bay of Fundy, beg 
leave to represent: 

That, although till the present year, the privileges reserved and 
confirmed to American fishermen by the convention of ISiS, have 



14 [ 93 ] 

heen enjoyed vvitlj but few interruptions, thej are now, in a g^reat 
measure, rut offaiul jjrostrated. by the piratical conduct of the com- 
mander of liis Britanic Majesty's bii,e; Dotterel, and the ollicers under 
his command, aided by the provincial Cutter attached to tiie port of 
St. Andrew's. 

That the officer havina; the charj^e of the armed boats ordered ta 
cruise round Gi'and Menan and Campo Belh), )jas written instruc- 
tions, which have been exhibited to our citizens, from the commander 
of the Dotterel, to seize, and serid into St. Andrew's, all American 
fisln rmcn found witliin three marine miles of said Islands. That^ 
under these orders, thatotJicer, witliout any pretence other tlian such 
instructions, has seized the following vessels; 

Schooner Pilgrim, of Lubec, Woodward, master; 

** Hero, of Denneysville. Claik, •' 

** Rebecca, of Addison, Wass, •* 

** Galeon, of Lubec, Hunt, *' 

*' ^Villiam, of Addison, Tabbuts, " 

« Ruby, of Lnbec, E. Small, « 

** Rein Deer, of Lubec, R. Small, '* 

The Pilgrim and the Hero Mere captured wliile under sail, stand- 
ing for Lubec in distress, and more than three miles from said Gram! 
Menan. And, although this capture took place on the sixteenth day 
of June last, said sciiooner Hero has not been sent in for trial, but 
lias been armed, and is still used as a tender to said Brig Dotterel, the 
more easily to decoy other fishit)g vessels. The Rebecca went into 
Grand Menan in distress for wood atid water, and, having obtained a 
supply, was preparing to return to the fishing ground, when she was 
taken. The Galeon, with seventy quintals of fish on board, went in 
for the same purpose, and, within a few minutes after she had accom. 
plished her object, it being quite late in the evening, and the fog ex- 
tremely dense, slic was taken, and sent to St. Andrew's. TheWil liam, 
with one hundred and twenty quintals of fish on boaid, left the fish- 
ing ground in distress for want of water, an«l had come to anchor 
near the shoie of Grand Menan: her sails were not handed, nor was 
her boat launched fiom the deck to go on shore, when she was seized 
and taken to St. Andrew's. The Ruby and Reindeer went in to Two 
Island hai bor for wood and water, near Grand Menan, and were im- 
mediately seized. 

We beg leave here to observe, tiiat American fishei-men have no 
occasion nor inducement to violate the j)rovisions of the aforesaid 
Convention^ nor have they, as we firmly believe, in any instanccy 
given just cause for complaint. 

The protest of the master and crew of the Galeon, has already been 
forwarded you. Those of the Hero and Pilgrim will accompany tliis 
memorial, and will, we trust, establish the facts relative to the wan- 
ton detention of those vessels, as well as shew the indignities cast 
upon the American flag, and the insults offeied the ci;izeiisof the Unit- 
ed States by the British officers of the Dotterel and Provincial Cutter. 



[93 3 



15 



To claim these vessels in tiie Vice Admiralty courts in New 
Brunswirk, would be worse ihan a total loss: for, besides, the fact 
that the claimant must 4^ive bonds to the amount of jL60, currency of 
New Bi-unswick, to |>ay costs of libel, whether condemnation takes 
place or not, his vessel, should lie prevail in a claim, (proverbially 
hopeless) will come to his hands in a disniantlcd and ruinous state. 
No caie is taken of American vessels seized for a pietendcd viobtion 
of Brilish revenue laws: for, as tliey can never sail under British pa- 
])ers, hut must he broken up or taken from t!ie country, the seizing 
otSicer has no inducement to keej) then) in good repjiir. with the ex- 
]>cctiiiiuu oi" being- remuiieratrd iur particular attention by a moi-e ad- 
Mjitag.'ous sale. Certificate of reasoiialWe cause of seizure, to pre- 
vfMit a suit for damages, is never refused by t!>e Vice Admiralty 
.lodge of New Brunswick, to a Biitish naval odicer, when the pi-o- 
«»er appliratioii is made. To appeal, theiefoie, to the Provincial 
<uoui ts for redress w uuld be worse than unavailing. It would only 
aggravate the damagis already sustair/od. 

To the successful advocate of t!ie rights of American fishermen, it 
need not be urged, that this state of things is peculiarly vexatious and 
I'uinous. To the owners and crews of the vessels detained, and to 
their families, it is, in many instances, oppressive and distressing — . 
u!id tl>ey ;ire left v. ithout redress, unless their own Government in- 
terpose. To thai; G')vrrnmct^t tliey appeal; and they do it witli full 
confidence that their complaints will be heard, and their wrongs re- 
dressed. 



Jugtist 16, 1824. 
Sol. Thayer 
llaydcn and Killcy 
John Norton cV Co. 
John A. Baskum 
Benj. Bucknam 
Ethel Olmstead 
John Webster 
A. Bariiard 

Oliver & James Glover 
Daniel Youisg 
Daniel E*ease 
William H. Tyler 
Joseph Wliituev 
\. P. Mills 
Joshua Gibbs 
Samuel Miais 
J. Boynton 
George & Isaac Ilobbs 
Samuel Whee^er 
Green & Shaw 
W. E'ustis 



Darius Pearn 
Buck & Tinkham 
Benj. B. Lea well 
James M. Lincoln 
Bucknan & Gunnisan 
John G. Faxon 
Joseph Sumner 
Davenport Tucker 
Jeremiah Fowler 
Moses Fuller 
F. A. & O. Burrall 
Calvin Gibbs 
Darms ik. Noyes 
V» illiam M. Brookr? 
Samuel B. Wadsworth 
T. Pilsbury 
John Faxon 
William Wass 
William Nash 
Jery Bevan 
Lewis Putnam. 



16 [93] 

To the Honorable John ^. Jldams^ Secretary oj State to the United 

States. 

The memorial of Jolin Givrdiiiei' Faxon, merclumt, of Lubeck, in the 
state of Maine, humbly sheweth: 

That the said John G. Faxon is sole owner of the schooner called 
the Galeon, of said Lubeck. That said schooner being on a fishing 
voyage, in the Bay of Fiindy, was seized and detained by part of the 
oOicers and crew of the British armed brig Dotterl, and is still de- 
tained, in the British port of Saint Andrew's, by the authority of the 
commander of said brig, under the circumstances set forth in the pro- 
test annexed; Avhich seizure and detention is to the great damage of 
the said John G. Faxon; wlierefore, your memorialist humbly prays, 
that the honorable Secretary will cause such proceedings relative to 
the premises as he may think proper, to relieve the said owner and 
crew of the said schoonei' Galeon; and your memorialist will ever 
pray, &c. 

AtkI your memorialist fiirtlier states, that the just value of the 
schooner Galeon, witii her cargo and equipments, at the time of her 
capture and detention as afoiesaid, was fifteen hundred dollars. 

JOHN G. Fx\XON, 



United States of Amekica, , 



State of Maine, Washington 



} 



Be it known to all to whom these presents may come: That, on this 
twenty-second day of July, in the year of our Lord one thousand 
eight hundred and twenty-four, before me, Solomon Thayer, Notary 
Pid)lic, by legal authority duly commissioned and sworn, and dwel- 
ling at Lubec, county and state aforesaid, personally appeared, Har- 
ding Chirk, master of the pink sterned schooner Hero, of Dennys- 
Tille, Ephraim Clark and William H. N. Brown, fishermen on board 
said schooner, who, being severally sworn, do depose, declare, and 
say: That, on the eleventh day of June, now last past, they sailed 
from Uennysville in said schooner Hero, fitted for a fishing cruize of 
six weeks, and ai'rived on Monday morning, being the fourteenth day 
of said June, on the fishing ground called the Grand Menan Banks, 
from nine to twelve marine miles from land, and commenced fishing. 
That they cssntiniied to fish till Wednesday the sixteenth day of said 
month, when the schooner struck adrift. It was then about nine 
o'clock, A. M. Got under weigh immediately, and attempted to re- 
gain the fishing ground, but could not effect it by reason of a strong 
tide. Kept beating to windward towards the fishing ground, and 
the tide slacking, got within about half a mile of it, and from six 
to nine miles from any land, when an armed boat, said to belong to the 
British armed brig Dotterel, fired two muskets, loaded with balls, 



[93] 17 

across said schooner Hero. She was rounded to, and an officer came 
on hoard and took lorcible possession of the vessel and her papers. 

The declarants further depose and say, that they were kept some- 
times on hoard said schooner, sometimes on hoard the Dotterel, or 
some of her boats, from that time till tlie twenty-ninth day of said 
June; and were allowed for a part of this time oidy one meal per 
day. That they wei*e every night in harbor and near home; hut 
though they earnestly solicited to be set on shore, it was not granted 
them, hut were forced by threats and menaces that they w^ould he cut 
in pieces in case of refusal to do the same duty as the common British 
sailors. They were at last landed at St. John, a distance of eighty 
miles from Dennysville, and even subjected to great expense and dis- 
ti'ess in getting home. 

The declarants further say, that said schooner Hero has been 
manned and armed, and is still njiidc use of as a tender for said brig 
Dotterel, and has never been libelled or sent in for trial. And the 
said Hardnig Clark for himself saith, that when he w as set on shore 
at St. John, his pocket-book and private papers were taken fi-om him 
and detained. 

Wiicrefore they do protest, and I, the said Notary, in their behalf, 
do solemnly protest against the winds, seas, tides, armed boats, pi- 
rates, the wanton and flagrant abuse of power, and whatsoever else 
that caused the seizure and detention of said schooner Hero, and for 
all damages, costs, and expenses suslained, and to be sustained, by 
reason of such illegal and wanton detention of said schooner as afore- 
said; and I, the said Notary, do aver that the same was caused, not 
by a breach of the reveiuie law s of Great Britain and the United 
States respecting the fisheries, done, made, or committed, by said 
schooner Hero; but was wholly without any fault on the part of said 
schooner, or any person thereof, but an act of piracy committed on 
the^iigij seas without a pretence of authority. 

In faith whereof, I, the said Notary, have hereunto set ray hand and 
affixed my seal of office, the day and year first above written. 

SOLOMON THAYER, J^otary Public. 

HAPvDING CLARK. 

WILLIAM H. N. BROWN. 

EFHRAIM CLARK. 



UNITED STATES, 

State of MxIIne, 



Washins^ton, 



^']ss. 



To all whom it may or doth concern, know ye, that, on the twenty 
third day of July, in the year of our Lord eighteen hundred and 
twenty four, before me, Solomon Thayer, Notary Public, by legal 
authority, duly appointed, commissioned and sworn, and dwelling in 



18 [93] 

Lubec, state and county aforesaid, personally appeared Charles 
Tiibbiit, master of t!ie fishing; schooner William, of Addison, and 
noted his [)rotest; and now, on the tsventy third day of August, Anno 
Domini eighteen hundred and twenty four, he again appears to extend 
the same, and with him, also, appear Thomas Wright Benjamin 
lleyrioids, and Josiah W. Peiry, fisliermen belonging to said sciioonei* 
William, who being severally snotn, do declare and say: 

'I'hat, on the first day of July, now last past, they sailed in said 
schooner William, on a fishing cruize in the bay of Fimdj', and an- 
chored between what is called Mur-giound and the Grand ^'ienan 
Banks, a distance from nine to fifteen miles from land: that they con- 
tinned there at anchor, an<l fisliing till tlse fourteenth day of said 
July, when, having only fittecn gallons of water on board, and that 
Uiitit f )r use, it was thought piiulent and necessary to run into Gull 
Cove, Grand Menan. and obtain a supply. Arrived at Gull Cove 
o!i thetirteenth of said July, at two P. M. and came to anchor, the 
tog being extieinely dense. The sails of the William were not hand- 
ed, as it was intended to obtain water with all possible dispatch, and 
leturn to the fishing ground. TJiey had gone below, and were tak- 
ing dinner, aiid not more than ten minutes from the time of anchor- 
ing, the boat not baving been launched from the deck to go on shore, 
when they were boarded by an armed launch, commanded by one 
Jones, an officer of the English gun brig Dotterel, who demanded 
their business — their pajters, and took forcible possession of the ves- 
sel. Jones sent his men below to examine the water casks, and as- 
certain what quantity of water there was on board the William. 
They reported there wei*e three hall casks of water below, one empty 
barrel, and one w ith the hoops off. Mr. Jones was then told by these 
declarants that the report of his men was incorrect^ that one barrel 
only had any water in it, and that but fifteen gallons, completely 
unlit for use; that, besides this, there was a half barrel of molasses, 
and a barrel w ith five or six galloBS of beei*. Mr. Jones ordered the 
W illiam under weigh — took her in nearer the shore — moored her in 
a dangerous place and stripped her, and took the William's boat, 
carried it on shore, and gave out word that if any of the William's 
crew attempted to go on shore, or if any boat was called alongside, 
or if he heaid any noise on board, he would shoot them. They were 
thus left till near sun-set- without a dropof water fit to drink, though 
they frequently hailed Mr. Jones as he passed and repassed, and 
stated to him tiieir distress, and begged for water; their piayer was 
wholly disregarded. About sun-setting, a vessel from Campo Bello 
anchoied along side, and by permission of the captain thereof, they 
obtained from tiie shore a two gallon keg filled with water. 

These declarants further say, that, when Mr. Jones became satis- 
fied there was no water fit for use on board the William, in a violent 
rage, he said ♦' the American fishermen had been damned saucy to the 
inhabitants on Grand Menan." The master of the William, one of 
these declarants, replied that such an allegation did not apply i» his 
vessel; that he had always used the inhabitants as he wished to be 



I: 93 ] ii> 

treated himself. Jones then said "it was damned well for him he 
had done so, for otherwise he should have coiifitied liim to the deck, 
and cut him into ounce pieces." To this the master of the Wiiliam 
replied he shouhl not give himself any uneasiness on that account. 
Jones, with an oath, replied to this, "dam you I will confine you to 
the deck, and lash a pump brake across your mouth." 

The declarants further say. that, on the next day, the William was 
got under weigh, and taken to St- Andrews and stripped; that slio 
had over one hundred and twenty quintals of fish on board when she 
was captured. Wherefore they do protest, and I, the said Notary, 
in their behalf, do solemnly protest against said Jones, and the arm- 
ed men under his comman-^ against pirates and |)iratical seizures 
and detentions of American fishermen, and whatsoever else caused 
the forcible detention of said schooner William, and toi- all expenses, 
costs, chai'ges, and damages paid or sustained, or to be paid or sus- 
tained by reason of said detention. And 1, the said Notary, do so- 
lemnly aver and declare, tliatsaid detention was not by reason ^»f any 
breach of the revenue laws of Gnat Britain, or of tiie province of 
New Brunivvick, done or committ d by said sciiooner William or 
any one on boai d thereof but an unauthorized, a wanton, a piratical 
act of the said Jones and his abettors. 

CHARLES TAB BUT, 
BENJAMIN REYNOLDS, 
JO SI AH W. PEilllY, 
THOxMAS WRIGHT. 

In faith whereof, I have hereunto affixed my seal of office, this 
twenty-third day of August, Anno Domini eighteen hundred and 
twenty-four. 



United States of America. 

State of Maine, 1 
Washington, J 

Be it known to all to whoni these presents may come, that, on 
this twenty-fourth day of July, in the year of our Lord one thousand 
eight hundred and twenty-four, before me, Solomon Thayer, Notary 
Public, by legal authority duly commissioned and sworn, a»id resid- 
ing at Lubec, state and county aforesaid, personally appeared Hub- 
bard Hunt, junior, mate of the schooner Galeon, of Lubec, Nehetniah 
Small, Daniel Jay, jun. John Hunt, and Edwin Hunt, sharesmen, 
belonging to said schooner, who, being severally sworn, do depose 
and say, that, on the first day of July, now current, they sailed in 
the said schooner from Lubec on a fishing cruize to the Grand Menati 
Banks. On their way thither, and while doublitig round the south- 
erly end of Grand Menan, distant about six miles, with their color-s 
at mast-head, they were fired into by the St. Andrews' Cutter, 
McMaster commander, and ordered to come under said Cutter's lee. 



20 C 93 ] 

Mr. Baxter, an officer of said Cutter, came on board and demanded 
l>er papers, sent his men into the hold to search her, and went !iim- 
self for the same purpose into the cabin. After detaining the Ga'eon 
about half an hour, she was permitted to proceed. Arrived on the 
banks the same day, and commenced fishingj on the fifteenth day of 
said month- having only five gallons of water on board, and no wood, 
run in for Grand Menan to get a supply. Ariived at Bcal*s passage 
about half past seven P. M. fog quite thick; went on shore and got 
two barrels of water, and a boat load of wood, by permission of 
CliarlcK Elumorten the owner; it was then about nine o'clock of the 
same evening. Having got supper, and intending to get under weigh, 
as soon as the land marks could be discerned, to return to the banks, 
they were boarded by an armed boat belonging to the English brig Dot- 
terell, and their* j)apers demandefl and takcir. The \essel was im- 
mediately got under''weigh by order* of Mr*. Jones, the commander of 
the armed boat, and run into Gull Cove. The next day the Galeon 
was taken to St. Arrdrews, stripped, and made fast in the King's 
dock. 

The declarants fur-ther depose and say, that, from the time they 
left Lubec on the first day of said July, until they run irr in distress, 
for want of wood and water, on the evening of the fifteenth of said 
month, they had never beeir within three marine miles of Grand 
Menhn, nor caught, or atten>pted to catch, any fish within fr'om ten 
to twenty miles thereof. That, after they were taken, the officer, 
Mr. Jones, positively pr*omised them that he would release the Galeon 
as soon as she ar'rived at St. Andrews; and it was their reliance on 
his promise, and the belief he could not be so wanton as to add insult 
to injur*y, but that he would r'edeem his word, that they have not pro- 
tcsted before. She is still retained. V/herefor'e, they now protest, 
and I, the said Notar'y, in their behalf, do solemnly protest against 
the flagrant abuse of law", (and the right granted to American fisher- 
men by treaty,) by armed boats under the British fiag, without a pr*e- 
tence of authority: against pirates, the winds, seas, and whatsoever 
else may have been the cause of the capture and detention of the Ga- 
leon; and 1 do aver, that the captur'e, and detention, was not by rea- 
son of a violation of any revenue law^ of Great Britain, or an infrac- 
tion of any privileges granted by the convention, done, or committed 
by said Galeon, or any of her crew, but was done without a pretence 
of right, and substantially an act of piracy. 

HUBBARD HUNT, Jun. 
NEHEMIAH SMALL, 
DANIEL TAYLOR, Jurr. 
JOHN HUNT, 
EDWIN HUNT. 

In faith whcr-eof I, the said Notary, have hereunto set my hand and 
seal of office, the day and year first above written. 

SOLOMON THAYER, 

J^'otary Public. 



[93] . 21 

United States o*" Amekica. 

State of Maine, ") 

.. 1 



Washington. ^ ' 



To all to whom tins public instrument of j)rotest may come, be it 
known, that, on the twenty second I'ay of June, now last j)ast, befote 
me, Solomon Tiiayer, Notary Fublic, by legal authority duly com- 
missioned and sworn, and dwclJiiig at Lubec county, and state afore- 
said, personally appcai-cd, James Woodward, master of the fisliing 
schooner Pilgrim, of Lubec, aiid note<l his protest; and now, on this 
seventh day of August, in tlie year of our Lord one thousand eigiit 
hundred and twenty four, he again appears, and with him, also ap- 
pear Jacob Winslow and James Woodward, jr. fishermen, who. being 
severally sworn, dode])ose, declare, and say, tlmt, on the eighth day 
of June aforesaid, they sailed from Lubec on a fis!>ing voyage to the 
Grand Menan Bank, so caihd; but owing to thick weather and head 
winds, did not get on the fisliing ground till Monday the fourteenth 
day of said Juije. They then came to anchor (the wind blowing quite 
fresh and a high sea) twelve miles from any land. At four P. M. of 
the same day, they found the vessel drifting, hauled in the cable, and 
found the anchor broke close to the stock. Made sail and got on to 
another part of tlie fishing ground, nine miles from land, and then con- 
tinued to fish till Wednesday the sixteenth day of said June, but 
finding their only remaining anchor too light to hold the vessel in so 
strong a current, ,\yeighed it and stood for Lubec to obtain a now 
one. The same day at about three P. M. were fired upon and brought 
to by au armed boat belongingfto the EnglisJj armed biig Dotterel, 
"who took their j»apers, and ordeied Jacob Winslow and Benjamin 
Scott, fisljermen, on boaj'd the tender, putting one seaman and one 
marine on hoard the Pilgrim. This was done while the Pilgrim was 
under weigh, and from four to six miles from land. The seamen in 
the Pilgrim were ordered to follow the tender, which then stecicd 
east, and still further from land, and took forcible possession of the 
American schooner Hero, Harding Clark, master, also under sail 
and standing for Lubec. Both vessels were then taken into Flagg's 
Cove, Grand Menan, and anchored. On Thursday the seventeenth of 
said June, asked permission to be set on shore, but were denied. On 
the 18th, got under weigh, and stood for the WoHIslands; at 6 P. M. 
both vessels were ordered to heave to, and the Piigiim's boat to be 
sent on board the tender. The otlicer then compelled one of these 
declarants, James Woodward, jr. only seventeen years of age, to 
row the boat alone cross-handed, a distance of not less than four 
miles, to board vessels lying at the easterly part of the Wolf Island, 
and then to row back again to the tender. On the officer's return to 
the tender, he ordered the Pilgrim to stand in for the Eastern Wolf 
Island; and these declarants were compelled to row her (it being then 
a dead calm) for four miles to gain said place, where she was anchor- 
ed for the night. On the 19thi at 8 A. M. got under weigh and stood 



22 [ 93 ] 

to Beaver Harbor, and came to anchor; were then forced to unbend 
the sails of tlie Pilgrim ami stow them below. On the 20th, at 8 A. 
M. were ordered to bend the sails and ^et under weigh:, which was 
done; and after beating with the wind SSE. and a flood tide for three 
hours, were ordered back to Beaver Harbor. On the 21st at 6 X, 
M. were ordered to get under weigh — beat all day against a strong 
head wind, and at night anchored in Mason's Bay. 

At one o'clock the next morning, these declai-ants, knowing that 
the Pilgrim had violated no law, nor any treaty or convention be- 
tween the United States and Great Britain, and that tliey were de- 
tained without the pretence of authority on the part of the othcer of 
the armed boat, got saidPilgiim under weigh without orders, and 
stood for Lubec, where they arrived on the said twenty-second day 
of June, with the loss of boat, papers, a fowling piece, a pistol, and a 
great quantity of powder and shot, which were plundered from them 
by said armed boat^ 

Wherefore, they do ])rotest, and I, the said Notary, in their be- 
half, do solemnl;y protest against said armed boat and the officer and 
men on board thei-eof — against pirates and unlawful captui'es <m the 
high seas — agaijist winds, tides, and whatsoever else, caused the de- 
tention of said schooner Pilgrim, and the loss of her papers, boat, &c. 
and I, the said Notary, do aver, that i^ was not by reason of a viola- 
tion of any r-eveimelaw of Great Britain, connniited by said schoon- 
er Pilgrim, oi* any of her crew, but a wanton insult upon the Amer- 
ican flag on the high seas, without a shadow of excuse, by an ofiicei' 
of the British navy. - 

JAMES WOODWARD, Senr. 
JACOB WIN SLOW, 
JAMES WOODWARD, Jr. 

In faith whereof, I have hereunto set my hand and affixed my seal 
of office, this seventh day of August, in the year of our Lord one thou- 
sand eight hundred and twenty four. 

SOLOMON THAYER, [l. s.] 

JVotary Puhlic^ 



Mr. Brent to Mr. Addingion, dated 

21st September, 1824. 

Sir: I have the honor to transmit to you copies of some additional 
papers which have been received at this oflice, upon the subject of the 
interruption, likewise given by the same armed British Brig Dotterel, 
to vessels of the United States employed in the prosecution of the 
fishery in the Bay of Passamaquoddy, and elsewhere in the same 
neighborhood, as particularly exemplified in the cases of the two schoo- 
ners, William and Rebecca, which are fully stated in the enclosures. 



[98] 



23 



and to pray the interposition of your good offices inbehalf alsoof the 
owners of these vessels, towards obtaining for them the indemnity to 
"which tliey may be justly entitled. 

1 have the honor to be, 

with high consideration, Sir, 

your obedient and humble servant, 

DANIEL BRENT. 



STATE OF MAINE, 

County of ft ashington, Columbia, 

SeptExMBER 6th, 18£4. 
To the Hon- John Q. Adams, 

Secretary of the Department of State. 

Sit?: Enclosed is a protest on account of the capture of the fishing 
Schooner William of Addison in the county aforesaid, belonging to, 
and owned by. the subscribers, citizens of the, United States. These 
papei's are enclosed for the purpose of procuring redress for the in? 
jury and loss sutained. The said Schooner William was 4t tons bur- 
then, and but four years old, with a new suit of sails and rigging, 
cables, anchors &c. valued at - - - glOOO 00 

120 Quintals fish on board at S3 per Quintal - - 360 00 

Bounty for said schooner - - - - 162 62 

Damages in consequence of said capture - - , 500 00 

82.022 62 
All requisite evidence, should further be needed, will be furnished; 
and the subscribers pray that such measui'es may be adopted, as shall 
lead to a redress for the loss and damage by them sustained. 

WILLIAM WASS, 
WILLIAM NASH. 



State or Maine, County of Washington, 

Columbia, September 6, 1824. 

Sir: The unjustifiable seizure and confiscation of certain fishing 
vessels in the wateis of I'assamaquoddy Bay, it is hoped, will deserve 
ajid receive tlie attention of Government. Enclosed is a piotest 
against the eapture of the schooner Rebecca, of Addison, in the coun- 



24 [ 93 ] 

ty aforesaiil, tlic property of Wilinot Wass, of the said Addison, a cit- 
izen of the United States. 

The schooner Rebecca, valued at S600 00 

25 quintals fish, at S3 75 00 

Bounty 94 50 

Damage in consequence of capture 300 00 



gl,069 50 
In behalf of the said >Vass, I have to retjuest that such measures 
may be adopted as will lead to redress of the loss and injury sustained 
by him. 

STSniEN EMERY for 
WiLMOT WASS. 
To tlic Hon. John Q. Atjams, 

Secretary nf the Department of State, 



Charles Tabbuts, master of the schooner William, of Addison, on 
oath, deposeth and saith, that he sailed on board said schooner, on a 
fishijig" cruise, on the 1st day of July, 18£!4; anchored between what 
is called the Grand Menan Banks and the Murr ground; continued at 
anciior and fishing till the 14th of July, when, having on board only 
fifteen gallons of water, and that unfit foi' use, it was determined best 
to run into Gull- cove, and obtain a bane! of water-; arrived there on 
the 15th about 2 P. M. and came to anchor: tliQ fog very thick; did 
not hand the sails, as we intended to get the water on board and 
go back. While below, and taking dinner, and not more than ten 
minutes from the time of anchoring, our boat still on deck, we were 
boarded by a Mr. Jones, an officer of the Dotterel, our papers dc- 
iiianned, and taken into his possession. He demanded our reasons for 
being there, and was told them. He ser)t his men below, to see how 
much water we had; they reported that there were three and a half 
barrels of water below, one empty barrel, and one with the hoops off. 
Mr. Jones was then told by me, that there was no cask but one that 
had any water in it, and that had only fifteen gallons, and so bad it 
could not be used; that there Mas one-half barrel of molasses, and a 
barrel with five or six gallons of beer. Mr. Jones ordered the 
William under weigh; took her in towaids the shore; moored her in 
a dangerous place, and sti-ij)ped her; took the boat and Cfirried her on 
shore, and gave orders that, if any of the Vv illiam's crew went on 
shore, or any boat was called along sid-^, or if he heard any noise on 
board, he would shoot us. We were thus left without a drop of wa- 
ter fit to drink till sunset, though we frequently hailed Mr. Jones, 
and stated our distress, as he passed us — we were wholly disregard- 
ed. About sunset, a vessel from Campo Bello anchored alongside, 
and, by permission of the master, the deponent went on shore and got 
a two gallon keg of water. On the l6th instant the William was 
got under weigh by Mr. Jones, and taken to St. Andrews. 



[ 93 ] 25 

The deponent further saith, that, when Mr. Jones found tliere was 
no water on board fit for use, that, in a violent rage, he told tliis de- 
ponent that the American fishermen had been damned saucy to the 
inhabitants. The deponent replied that he had not been saucy to the 
inhabitants, but had always used them as he wished to be used him- 
self. Jones replied that it was damned well for me that I had been 
so, or he would otherwise confine me to the deck, and cut me into 
ounce,])ieces. I told him that I should not give myself any uneasiness 
on that account. Then, with an oath, he said, damn you, I will con- 
fine you to the deck, and lash a pump-brake across your mouth. 

CHARLES TAB B UTS. 

State of Maine,") 



WashuigtoUf 



} 



On this 23d day of July, 1824, personally appeared before hie 
Charles Tabbuts, and made solemn oath to the truth of the foregoing 
statement by him subscribed. 

SOLOMON THAYER, 

J. P. S: A%t. Pub. 



Mr. Brent to Mr. Shepley, dttornetj U. S. for District of Maine. 

Department of State, 

Washington^ October 8«/i, 18£4. 

Siir. In the absence of the Secretary, I have the honor to transmit 
to you the enclosed copy of a letter from Mr. Addington, the British 
Charge d'Aifaires, at this place, in answer to remonstrances from this 
Department, upon the complaints which were lately exhibited to it, 
by sundry citizens of the United States residing in tiie state of Maine, 
and engaged in the Fisheries, against the commander of the British 
armed brig Dotterel, for interru[»tions and other injuries which they 
state to have experienced, at the instance, and under the orders of that 
officer, in the prosecution of their accustomed employmefit during the 
piesent season, and requesting his good offices towards obtaining for 
them the redress to which they may be entitled^ and I beg leave, at 
the same time, to trouble you w Ith copies of the letters and documents 
referred to, and enclosed in, Mr. Addington's letter, which exhibit 
serious complaints on the part of the British authorities, against all, 
or very manyof t!ie same individuals, in reference to the subject-mat- 
ter of their own complaints. I do this, with the request that, as soon 
as convenient, you would have the goodness to institute an inquiry 
into the circumstances particulary complained of by the British Ciiarge 
d'Affaires, and communicate the result to this Department, that the 
4 



26 C 93 ] 

Sccicttiry may be enabled, vvitli the advanta.^e of tlic counter-state- 
ment to be tbus expected, as I doubt not he will, toi^ive Mr. Adding- 
toii satisfactory explanations in relation to the ti'ansactions complain- 
ed of by liini; or otherwise, to direct such proceedings to be had, as 
the circumstances of the whole case shall render advisable and proper. 
i am, with great respect, 

Sir, your obedient and humble servant, 

DANIEL BRENT. 



Mr, Jiddington to Mr. ^^danis. 

Washingtox, Odoher 5th , 1824. 

Siu: I iiavc the honor t(» acknowledge the receipt of two letters, one 
dated the 8th, and the other the 21st ultimo, which Mr. Brent ad- 
dressed to me, in pursuance of instructions from you, relatively to 
certain American fishing vessels averred to have been detained, in 
\iolation of the terms of the convention of 1818, by His Majesty's 
sloop Dotterel, in the Bay of Fundy, in the months of June and July 
last. 

I siiall not fail to communicate, without loss of time, tlic whole of 
tlie papers relative to this matter, to the Admiral commanding His 
Majesty's naval forces at Halifax; and in so doing shall strongly re- 
commend that a full and impartial investigation be made into the me- 
rits of tlic various cases therein reported; the result of which shall 
be forthwith imparted to you whenever it comes to my knowledge. 

Mean tisne, sir, 1 must inform you that a rejjort of those very oc- 
currences, of a nature very different from that made by the indivi- 
duals to you, has reached me from Rear-Admiral Lake, of whose 
letter, together with its enclosures, I have the honor to transmit to 
you copies herewith. 

It is tlierein made to appear, that the fishing vessels above-men- 
tioned weredetained by the Dotterel solely on account of their having 
been detected itt the commission of a direct ififraction of the ti-eaties 
existing between the two nations, having, in fact, been found pur- 
suing tljeir occupation without the boundaries assigned to them by 
the tcrnfr. of the convention of 1818. 

On this point, however, the parties arc at issue, each stating his 
case according to his own view of it. Thus far, therefore, there is 
ground for a candid and itnp.artial investigation on both sides. Such 
i have tecommendcd to Admis'al Lake, and such, I trust, you will 
also cause to be instituted hej-c. 

But there is atsother point, sir, on which I lament that there should 
be no ground for doubt or hesitation as to the Course which I have to 
pursue. 



[ 93 ] 27 

By a perusal of the enclosed documents you will perceive, that af- 
ter the detention of the Reindeer and Ruby by the master of the Dot- 
terel, and while on their way to St. Andrews, *' an attack was made 
on those vessels by two schooners and an open boat, under American 
colors, full of (unned men, with muskets and f\xed bayonets^ amounting 
to about one hundred, headed by a Mr. Hov/ard, of Eastport. who is 
said to be a Captain in the United States militia, in consequence of 
Avhich the master thought it most prudent to surrender to such supe- 
rior force." 

This, sir, is an outrage of such a nature as to leave me no other 
alternative than to make a formal demand from the American Go- 
vernment for the infliction of punishment on the ofl'enders. 

Whether the vessels were legally detained or not, such an act of 
violence will bear no justification. If individuals are pcrnntted to 
expound the stipulations of treaties for themselves with arms in their 
hands, the preservation of harmony and good understanding between 
nations can no longer be hoped for. 

I am disposed (no person can be more so) to act fairly and openly 
by the citizens of this Republic, wherever they have just ground of 
complaint against British authorities, and shall accordingly take 
every measure for ascertaining whether the detention of the vessels 
in question was legal or not. 

If it was not legal, you have abundant proof, sir, in your own 
hands, of the disposition of His Majesty's Goveinment to aftord the 
most prompt and equitable redress to the parties aggrieved. I al- 
lude to the case of the American schooner Charles, detained and em- 
ployed as a tender last year by His Majesty'^ sloop Argus. That 
act, you will recollect, was condemned as illegal by His Majesty's 
Ministers, and restitution ordered to be made to the parties who suf- 
fered through the exercise of it, although otherwise liable, by the ille- 
gality of their conduct, to the entire loss of their property. 

But, in the meantime, sir, it becomes my duty to demand repara- 
tion, by the punishment of the transgressors, for the act of violence 
perpetrated on persons bearing His Majesty's commission, while en- 
gaged in the discharge of their public duties. 

1 feel confident, sir, that you will view this outrage in the same 
light as myself, and consider such conduct equally dangerous to the 
peace and well being of the two countries; and I have no doubt that 
you will see the expediency of causing immediate proceedings to be 
instituted against the principal actors in this disgraceful scene. 

I beg, sir, that you will accept the renewed assurances of my dis- 
tinguished consideration. 

H. U. ADDINGTON, 



28 [ 93 ] 

Hear Admiral Lake to Mr. Jlddington. 

Haxifax, 9i/i Sejitemher, 1824. 

Sir: I have the honor to transmit to you a copy of a letter, dated 
26th ultimo, from Captain Hoare, of His Majesty's sloop Dotterel, 
uith its enclosure from Mr. John Jones, Master of that sloop: also 
copies of two letters from Captain Hoare. dated the 2d instant; one of 
them containing a copy of the affidavit therein mentioned. 

By the first of these communications, you will perceive that two 
American A-essels, called the Reindeer and Ruby, were seized by the 
Master of the Dotterel, in Two Island Harbor, Grand Menan, on the 
2fith of July, for a bi'each of the treaty between Great Britain and the 
United States; and that, on the evening of the same day, when 
abreast of Harbor de Lute, proceeding to St. Andrews, an attack was 
made on the vessels in question, bj' two schooners and an open boat, 
under Amciican colors, full of armed men with muskets and fixed 
bayonets, amounting to about one hundred, having the appearance of 
militia men. and headed by a Mr. Howard, of Eastport, who is said 
to be a Captain in the United States' militia; in consequence of which, 
the master thought it most prudent to surrender to such superior 
force. 

Captain Hoare's next letter mentions his having, on the 29th ult. 
on his passage to Halifax, fallen in w ith the American schooner Mad- 
ison, (by her papers Ansel Coggins, Master.) which he was informed 
was cue of the vessels to which the men belonged wh" rescued the be- 
forementioried vessels from his master; and that, finding on board 
this vessel a man, named Dianiel Rumney, whom one of the marines of 
the Dotterel identified as one of the persons concerned in the rescue, 
Ca])tain Hoare thought proper to detain the vessel, and take Rumney 
on board the Dotterel as a prisoner. 

Captain Hoare's other letter refers to the Pilgrim, an American 
fishing vessel, seized by him at Grand Menan, in June last, for a 
breachof the treaty; which vessel was afterwards rescued by some of 
her crew^ in conjunction w ith one of the men whom Captain Hoare 
had put in charge of her; and the said vessel, having been fallen in 
with on the 29th ultimo, ami a man named Winslow, who, Captain 
Hoare \\as informed vas one of those actively engaged in the forci- 
ble rescue of the said vessel, she was taken possession of, and the 
man (AVinslow.) put on board the Dotterel as a prisoner. 

As in these transactions, His Majesty's officei-s have been assaulted 
in the execution of their duty, by armed subjects of the United States, 
and the property of which they had, in His Majesty's name, taken 
lav\ful possession, rescued from them in violation of the treaty sub- 
sisting between Great Britain and the United States, I consider it ne- 
cessary that the subject should be brought officially before the Ame- 
rican Government, in order that steps may be taken to prevent the 



[93] 



29 



coutimiancc of such proceedings, and therefore request yon will be 
pleased to adopt such measures on the occasion, as shall appear to 
you to be necessary. 

I have the honor to be, &c. 

W. T. LAKE, 
Rear Admirnl and Commander in Chief, 



^ Captain Hoare to Rear Jldmiral Lake. 

H. M. Sloop Dotterel, 26//i Jlugustf 1824. 

Sir: I have the honor to enclose the copy of a letter from the mas- 
ter of His Majesty's Sloop, under my command, detailing tiie circum- 
stances of his having been attacked off Campobello hy two armed 
Schooners, under American colors, and tliat two American fishing 
A'cssels, he had detained, were taken from him and carried into East- 
port. 

J have the honor. &c. 

RICHARD HOARE, Commander. 



John Jones, master, io Captain Hoare, of H. M. Sloop Dotterel. 

H. M. Sloop Dotterel's Boat, 

St. Mdrew's, ^. B. 2rih July, 1824. 

Sir: I beg leave to represent, tliat, on tlie 25th inst. when cruizing 
in the Yawl, in pursuance of your orders, off the Grand Menan, for 
the protection of our fisheries, I received imformati'^n of several 
American fishing vessels being at anchor at Two Island Harbor, and 
that two of them, namely. Reindeer and Ruby, of Lubec, were at 
White Island Harbor on the 24th, where they got their wood and 
water, and that, on thcir^anchoring, they fired their muskets and told 
the inhabitants they were armed, and would not allow aiiy man of 
war's boat to board them; and after they had their supplies they shift- 
ed to Two Island Harbor, Grand Menan. 

I made sail from Gullcove, and at day light, the 26th, observed 
four schooners at anchor at Two Island Harbor, which vessels got 
under weigh on our appearing: when I got close to three of them, 
they lashed alongside each other, and all hands, about thirty in num- 
ber, went on board the middle one with their fire-arms and fish spears. 
I desired them to separate, which they refused to do until I tlircatencd 
to fire on them. On boarding, they proved to be the Reindeei', mas- 
ter's name, Small, and H'lby, master's name. Small, (brothers,) of 
Lubec^ two fishing vessels, atid Friend's shallop, of tlie same place. 



30 [93] 

It being fine wcatlicr, and tliey not being in want of wood or 
water, I detained the Reindeer and Ruby, and put their crew, with 
the exception of their masters, on board the two American schooners, 
with ])rovisions for a ])assage to Lubec, and made sail in the Reindeer 
and Ruby for St. Andrews throngli East Quoddy, About six, P. M. 
when abreast of Harbor de Lute, I observed two schooners and an 
open boat, full of aimed men, muskets and fixed bayonets, hoist- 
ing American colors; one of tliem went along side. Mr. Towneau in 
the Ruby, boarded and took the arras from iiim and his three men: 
the one abreast of me was kept off for about a quarter of an hour, 
when they commenced firing into us. Though with great reluctance 
1 thought it most prudent to surrender to such superior force, having 
but four men, one musket, and three cutlasses. On delivering them 
up, I found there were in the two schooners about an hundred ai-med 
men, (including the crew^s of the schooners, about 30 in number,) the 
rest having the appearance of militia men, and headed by a Mr. 
Howard, of Eastport, said to be a Captain in the United States 
militia. 

I have the honor to be, &c. 

JOHN JONES, master. 



CapL Hoare to Rear Admiral Lake. 

H. M. Sloop Dotterel, 

.. Halifax Harbor, Sept. 2, 1 824. 

Sir: i have the honor to inform you, that, while running past the 
outer bank of the Grand Menan, on the £9th ult. on my passage to 
tliis place, I fell in with the Madison, American fishing schooner, 
(by hei* papers, Ansel Coggins, master) and, as I Mas informed by 
"Winslow, one of the crew of the Pilgrim, American fishing vessel, 
and who was then on board the Dotterel, that she was one of the 
schooners that attacked the Master off Harbor de Lute, on the 26th 
of July, and the Master having affirmed that the name of the vessel 
that attacked him was the Madison, though he cannot swear to the 
vessel, as all that description of vessels are so much alike, but he 
believes her to be the same; and, on the crew coming on board the 
Dotterel, one of them, Daniel Rumney, was immediately recognized 
by William Vickery, one of the marines in the boat with the Master, 
as being one of those who Avere in, and took an active part in, the 
vessel that attacked them, and, on boarding the said Madison, it was 
discovered the master had left her, and, as she had her boat out, 1 
have no doubt he had gone on board one of the other fishing vessels to 
escape detection, as he would have been immediately recognized by 
tl»e jSiaster; and, as some dates on the back of the papers relative to 
her ari-ival and leaving Lubec at different periotls, prove her to have 



ro3] 



at 



been at Lubec about the time of the Master's having been attacked; 
tliesc circumstances, together, left no doubt in my mind of her being 
the Madison, that, witli another schooner, named the Diligence, at- 
tacked the Master oft* Harbor de Lute, on the 26th of July, and I 
therefore took possession of her, and ordered her to this port; as it 
appears to me, sir, that the circumstance of two armed schooners 
attacking and taking from a British officer and boats' crew, two ves- 
sels he had legally detained, is an act of piracy, and all those con- 
cerned therein, ought to be punished. 

I have, for the present, detained Daniel Rumney on board, and I 
have to rcijuest you will be pleased to solicit the advice of the Attor- 
ney General on this important subject, that I may be guided thereby 
in my proceedings relative to the said Daniel Rumiiey. 

I have the honor to be, &c. ' 

RICHARD HOARE, 
Commander. 



Captain Hoare to Mmiral Lake. 

His Majesty's sloop Dotterel, 

Halifax, September 2d, 1824. 

9iii: I have the honor to inform you, that, while running past the 
Outer Bank of the Grand Menan, on the 29th ult., on my way to 
this port, I fell in with the Pilgrim, American fishing schooner, and, 
as this vessel had been taken by one of my boats on tlie 1 6th of June 
at Grand Menan, for infringing the treaty, but was retaken by the 
crew > aided by James Martin, one of the two men put in charge of 
her, 1 liave taken possession of, and ordered her to this port. 

Enclosed, sir, is the copy of an affidavit made by William Paine 
(marine) and the other man in charge of the Pilgrim on their arrival 
at Lubec, by w hich affidavit you will see, sir, that a man by the name 
of W inslow, one of the crew of the Pilgrim, was the most active per- 
son in retaking her, and tliat he forced the cutlass from William 
Paine and obliged him to go below. Under these circumstances, I 
felt I should be justified in considering him a prisoner, and, as such, 
he now remains on board the Dotterel. That he ought to be 
punished in some way that may deter others of his nation from com- 
mitting the same offence under similar circumstances, I am sure, sir, 
you will think necessary. 

I have, therefore, to request you will be jjleascd to solicit the a»l- 
vice of the Attorney General on this important point, that I may be 
governed thereby in my proceedings. 

I have the honor to be, &c. &c. 

RICHARD HOARE, 
Cnwwnndei^ 

Admiral Lake. " 



32 C 93 ] 

Copy of the enclosure in the foregoing letter. 

William Puiiie, one of the marines belonging to His Britannic Ma- 
jesty's brig the Dotterel, maketh oath and saith: That, on Wednes- 
day last, the American iishing boat Pilgrim was seized for a viola- 
tion of the ti-eaty between the United States and Great Britain, and 
the deponent, witii James Martin, seaman, put on board to take charge 
of her; that, on the night of the 21st instant, between the hours of 11 
and 12, it being Martin's watch, he, this deponent, was awoke from 
sleep by the roll of the vessel; that he attempted to go on deck, but 
fouiuS the companion doors shut; this deponent then broke open the 
co)r;panion doors, armed himself, and went on deck, and ordered Cap- 
tain Woodward, the master of the boat, then at the helm, to put the 
boat about: lie refused; Martin was rowing; this deponent went for- 
ward and ordered him to drop the oar; but he would not till this depo- 
nent threatened to cut his head off if he did not; while this deponent 
was tlius endeavoi'itig to get the vessel about, Winslow and Martin 
suedenly sprung upon him, and obliged him to go below. This depo- 
nent was then brought to this place in the said boat Pilgrim against 
his will, and against all the exertions in his power to make. 

his 
WILLIAM X PAINE. 
mark. 

Benjamin Scott, one of the hands on board the Pilgrim, on oath, 
saith that the foregoing statement of Mr. William Paine is, according 
to his best knowledge and belief, substantially true; that he was be- 
low when Mr. Paine armed himself and went on deck, and soon after 
he returned and said he liad been overpowered and his arms taken 
from him; that the Pilgrim was taken by Woodward and Winslow, 
aided by Martin, to Lubec. This deponent further saith that Wood- 
ward and Winslow both acknowledge that Mr. Paine discharged his 
duty to the utmost of his power; that superior force alone caused him 
to surrender his arms. 

BENJAMIN SCOTT. 



State of Maine, ~) 
Washington, J 

To all to whom these i)rescnts may come, Know^ ye, that, on this 
tweiity-second day of June, anno Domini 1824, before me, Solomon 
Thayer, Notary Public, by legal authority duly commissioned and 
svorn, and residing at Lubec, personally appeared the afore-named 
W^iiliam Paine and Benjamin Scott, and made solemn oath that the 
declarations by them personally made and signed were just and true. 

In testimonium veritatis, 

SOLOMON THAYER, 
JVotarri Public. 



[ 93 ] 33 

Halifax f September 9.d, 1824. 
.A'Vw Brunsrvick, ") 
Charlotte County,] ^' 

I, the undersigned, one of His Majesty's Justices of the Peace, in 
and for the said county, residing in Campo Bello, do hereby cerlitV. 
that, on this twenty-third day of June, 1824, William Paine, the per- 
son in the annexed instrument mentioned, appeared before me, and de- 
clared the facts therein contained, which appear to me to be correct. 
That Solomon Tlxayer is a Notary Public for the County of Wash- 
ington, in the Province of Maine, United States, duly appointed, and 
that full faith and credit may be given to his attestation. 

D, OWEN, .7. P. 
Richard IIoare. 

Commander of His Majestifs sloop Dotterel. 



Mr, Shepley to Mr. Mams. 

Saco, Novemhev 16, 1824. 

Sir: Having been requested, by letter from Mr. Brent, under date 
of the seventh of October last, to institute an inquiry into the cir- 
cumstances particularly complained of by the British Charge d' Af- 
faires, and to communicate the result to the Department; I have now 
the lienor to inform you that I repaired to, and near to the places 
of residence of the parties to those transactions, called upon them, 
and took their statements under oath, which are herewith enclosed, 
and by which you wil be enabled to understand fully and correctly, 
the whole history, not only of the circumstances complained of, but 
of all the proceedings of the Captain of the British armed brig Dot- 
terel, in relation to our fishermenj and their proceedings to protect 
themselves, as they supposed, from the losses occasioned by the con- 
duct of the Captain of the Dotterel, 

It may, I think, sir, with safety, be affirmed, that the enclosed doc- 
uments (being the affidavits of twenty-seven individuals, and relating 
to thirteen schooners and boats, and one small boat,) present a fair 
and faithful history of all the proceedings this season, between our 
fishermen and the officers of that vessel. 

I have been particularly cautious, in taking the testimony, to give 
it without coloring it by the feelings of excitement manifested by our 
citizens. 

Enclosed, also, is a bill of services and expenses for attending to 
the business. 

With the highest respect, I am, 

Sir, your most obedient servant, 

ETHER SHEPLEY, 

IHstrid Altornei{. 



I, Robert Small, master of the schooner Reindeer, of Lubec, oa 
oath, testify and say, that it is my practice, in fitting out foi- tlie 
iishcries, to fill the barrels, which 1 use for oil ban-els, with water: 
and, as I use the water and empty the barrels, to fill them with oil. 
I purchased the barrels while fitting out tliis cruize, and did not see 
them till after filled: there weje eight filled with water. We left 
the harbor the twenty-sixth day of July, and proceeded on the fish- 
ing ground near Grand Menan Bank; continued to fish two or three 
days, and then discovered that tlic water in six of my ban-els was 
salt, so that I could not use it; the barrels having been used for salt- 
ing beef and jmrk. Fnding my Avater all bad and expended, ran in to 
Two Island Harbor for water, and went on shore and obtained my 
water; laid there till the next morning^ becalmed; then made sail 
for the banks; got out about a mile and a half, or two miles, and the 
wind died away, and left me becalmed again; soon discovered the 
barge of the British armed brig Dotterel; the Ruby, the Friend, and 
boat Diligence, lying in the same harbor, and near me; t!ie barge 
came up and fired; ordered the anchor to be dropped, which was 
done: the master of the barge then ordered us to part, Uic Ruby and 
Reindeer being connected by a small line, which was obeyed: the 
vessels parted; he then ordered the Ruby to drop her anchor, which 
was done; he then came on board our vessel, the Reindeer, in a 
great rage; he demanded' the ""papers, which were given him; they 
then threatened to carve us up like a turkey, or a piece of beef, bran- 
dishing their cutlasses about our heads; took the crew all out, and 
put them on board the schooner Friend; then took out the ci-ew of 
the Ruby, and put them on board of the schooner Diligence, and or- 
dered the Friend and Diligence off; told them to go off and about 
their business; then got the Reindeer under way*," bound for St. An- 
drews, and ordered the Ruby to follow; passing irp a little past Har- 
bor do Lute, two other vessels hove downVpoii us;' one, the schooner 
Madison, came down upon the Reindeer, there being about twenty 
men on her deck, with muskets, biit no bayonets upon them; Jones, 
the master of tiie barge, being on board of the Reindeer, ordered all 
hands, and directed them to firo into the Madison: I then said to him, 
if you fire into that vessel, every man of yon will be shot: he said, 
I believe it; he then said,' what do they want, and who aro they? I 
said to him, they are my neighbors: they want this vessel, and they 
will have her: he then laid down his sword and said, I surrender; 
unlocked his trunk, took out the papei's of my vessel and the Ruby, 
and gavo them to me. Skipper Coggins then invited him on board 
the Madison; and upon my assuring him that he might go with per- 
fect safety, lie went on board, drank with us, shook hands, and 
parted with us; went on board his barge, and went off; the Reindeer 
and Ruby then went home; the vessel has been laid up since, as I 
did not dare to let her go out; and the crew has been upon (barges 
also; the injury to the owner and crew has been fifteen hundred dol- 
lars: I was in no other British harbor, except at Buck's Rock, in 
Grand Menan, where I went in the night in a heavy blow, and went 



[98] 



35 



out again before morning. I saw no person; was not on f?hore; ne= 
ver fired any musket on tlie island, nor did I ever state that I was 
armed, or intended to resist; had only one old musket on board; 
fishermen always carry one or two : the crews of the vessels Rein- 
deer, Ruby ancl Diligence, were not on board tiie middle one, or 
any one of the vessels; nor was there any shew of fire arms, or fish- 
spears, ou board of either of the vessels; they were not lashed to- 
gether for resistance. This is not only a common practice, but is 
necessary in this Bay, where the tide is very strong, and runs in 
different directions. There was not a gun fired into the Reindeer, or 
at her. while in Jones* possession, nor was there a gun fired at all. till 
after Mr. Jones had gone ort board the Madison, and then only as an 
expression of joy; nor was there any gun fired at the Ruby, nor did 
the Diligence, nor any person on board of her, demand or take, any 
arms from those on board the Ruby, when she was retaken; they did 
ask for one of their own muskets, which the barge had taken from 
them, and it was brought to tliem; this was after the Ruby had been 
surrendered. I have not fislied any, within five to six miles of the 
land this year. There is no fishing ground nearer the shore, nor any 
object in going near shore, except for wood and water. 

ROBERT SMALL* 
Sworn to bfifore, 

ETHER SIIEPLEY. 
J^Tovemberf 5, 1824. 



Paul Johnson, Junr. roaster of the Schooner Sally, of Eastport, on 
oath declares, that he sailed^ the thirteenth day of May last, fittgd 
out for the fishery on the Labrador Coast, and proceeded on the voy- 
agej on the 4th of June» the wind being east, and weather coming on 
thick, thought it prudent to make a harbor and ran into Shelburne, on 
the south side of Nova Scotia, and anchored, and was boarded by a 
boat from the British armed Brig Dotterel; was asked what business I 
had there? I told him was bound to Labrador and thought I had a right 
to make a harbor. The Sally was then ordered under way, and car- 
ried alongside the brig, and an officer came on board and searched us, 
was told I had broken the treaty; and should be detained. The next 
morning my whole crew were taken out and put on board <he Dotter- 
el, and my vessel was manned from the Dotterel and sent on a cruise 
to Cape Negro Harbor, about nine miles, there several small vessels 
were boarded from us, continued there two days, then got under 
weigh and proceeded back to Shelburne and anchored along side the 
Dotterel. The captain then sent for me to come on board the Brig; 
went on board, was asked if I was master of the Sally — answered 
that I was. He said he did not know but my vessel would be condemn- 
ed if he carried her in, but he should let me go, was told I must pay 
for my men's rations while they were onboard the Dotterel, and I sent 



36 C 93 ] 

on board the Dotterel fifteen pounds of pork and eighteen pounds of 
bread, and then took niv me)i on board a.si^ain and proceeded on my 
voyage. ' PAUL JOHNSON, Jan. 

November 5th, 1324. 

Sworn to before 

ETHER SHEPLEY. 



I, Hebbeit Hunt, skipper of the schooner Galleon, ofLubec, and 
Daniel Joy, Jr. Nehemiah Small, John Hunt, hands on board, on 
oath, testify and say, that we sailed, in said schooner, from Lubec, 
the first day of July last, fitted out for tlie fisheries, and proceeded 
for the fisfiing ground near Grand Menan Bank, being on the pas- 
sage, and six miles distant from the southwest head of the Island of 
Great Menan, the Provincial Revenue Cutter, Mr. McMasters master, 
came down ispon us and fired upon us; ordered us under his lea. We 
hove too undar hislcaj he sent his boat aboard; demanded the papers, 
\vhich were delivered; searched the vessel, and then dismissed us, 
saying we might proceed on to the banks. We then proceeded to the 
bank, and continued to fish fifteen days on and near the bank from 
fifteen to eighteen miles distant fiom the land; then, being in want of 
water, having lost part of our water by injury accidentally happen- 
ing to one of the casks, and being also in want of wood, found it ne- 
cessary to make a port to obtain wood and water; ran for the Island 
of Grand Menan, antj made it a little to the north of Woodward's 
Cove; obtained our water, and then proceeded to the mouth of Beale's 
Passage to obtain wood, being unable to obtain it where we did our 
water, and there obtained a boat load of drift wood; towards night, 
being below eating our only meal for the day, having neither wood 
or water to cook before, were boarded from the barge of the British 
armed brig Dotterel; was asked where the vessel belonged; our pa- 
l)ers were demanded and delivered, and the vessel was immediately 
ordered under way. The skipper stated to the master of the barge 
that he came only for wood and water; that he had not fished any 
near the land, and thought he had done nothing which he was not 
authorized to do by the treaty. The master of the barge said, what 
is the use of talking about the treaty — damn the treaty — I did not 
come here to learn my lesson — I learnt it before I came. One of the 
hands, named Joy, was threatened to have his mouth gagged with 
the pump bolt for conversing with some of the crew of the barge, and 
was sent on shore on White Head Island; the vessel and remainder of 
the crew were carried to St. Andrews; the vessel was afterwards 
sold at St. Andrews; the crew were turned out of the vessel, and 
every thing detained but our wearing apparel. The loss to the 
owners and crew has been as much as one thousand dollars — 
We have been on board of the schooner during all the tinle she 
was employed this season, until taken, and do positively aver that we 
have not fished, at any time, within more than six miles of the land, 
and have not, at any other time, been within any British harborr 



[93] 



37 



We also testify that, about the middle of June last, being on the 
gravelly ground about nine miles southeast of the island of Grand 
Menan, Jacob Winslow came on board of us from the schooner Pil- 
grim, to borrow an anchor, stating that they had lost their anchor; 
having broken one anchor, could not lend him one. The next day, 
the Pilgrim being at anchor about half a mile outside of us, and more 
than nine miles from the land, soon got under way to go home and 
obtain an anchor; and, having passed us nearly a mile toward the 
land, a tender to the Dotterel came down upon her, and fired upon 
her, and took possession of her, she then being eight miles to the south- 
east of Grand Menan. The same day, about an hour after, the tender 
took possession of the schooner Hero, of Dennisvillc, Clark master, 
she being, at tlie time, about a mile outside of us, and ten miles south 
east of the Island of Grand Menan* 

HEBBERD HUNT. 

NEHEMIAH SMALL. 

DANIEL JOY, Jr. 

JOHN HUNT. 
Sworn to before 

ETHER SHEPLEY, 
JVbre/ukr 5 th, 1824. 



John G. Faxon, of Lubec, on oath declares, that he was the owner 
of the Galleon, when she was captured by a barge of the brig Dotte- 
rel. On or about the seventeentli day of July last, the Galleon hav- 
ing been captured, and lying in Snug Cove in CampoBello I went on 
hoard of her, to learn the reasons of her capture. The Master, Jones, 
informed me, that he had no other reason for the capture, than find- 
ing her in a British Haibor in Grand Menan. I then asked him, if 
he was not aware that we had a riglit to go in for wood and water; 
he said he knew we had that right, but his orders were such, that he 
was obliged to take all, whether in for that purpose or not. I asked 
if he had known, or suspected my vessel had fished near the land. 
He said, he never had. 1 then asked him, if he had not reason to be- 
lieve they were in want of wood and water, w hen they went in. He 
said he had, for the woo.i and water was on deck, not stowed away, 
when he took them. I then asked him, how long he supposed they 
had been lying at anchoi*. lie said the men told him, three quarters 
of an hour, and he had no reason to believe otherwise. I then said, 
bv your own statement you ought not to have taken her. He said, he 
should not have taken tlie Gulleon, ifhe had not before taken t!se Wil- 
liam, and sliould have let her go, if he could have done it, without ex- 
cusing the William. Ho then said, as I have them thus far, I must 
carry the;n to St. Andrews; hut I give you my word, youi vosel will 
not be dctaiiieil two hoiu"-. 1 then re!;earscd that part of the treaty 
to him, authorizing our vessels to go in for wood and water. He said 
liiej v\ere autliori/.ed to take all vessels within three miles of the 



88 [ 93 ] 

land. I aftei'wiu'd heard the orders given by the Captaiji to Jones# 
read: they directed him vei-y nearly, and I believe, exactly as follows: 

*' You will consider your cruisin]^ ground to be the Menan Is- 
lands, Canipo Belli), and the Island of Lubce. You will take all 
American fishermen found within three miles of the land except in 
extreme cases of distiess. and cany them to St. Andrews, there take 
an inventoiy of the articles on board, and deliver the same to the Cus- 
tom House." 

JOHN G. FAXON, 
Sworn to, before EriiER SHELPEY. 

nS'ovember Gth 1824. 

I further state that I sent an attorney to St. Andrews, to ascer- 
tain the expediency of defending the vessel; that I learnt through him, 
that 1 must first give a bond of seventy pounds to pay costs. That 
the costs must be paid by me whether the defence was successful or 
not, a>id tliat there was little prospect of obtaining a decree of restora- 
tion without having an appeal entered; and tliat the expense attend- 
ing the trial would probably exceed the value of the pioperty; and 
therefore declined hiaking any defence. 

JOHN G. FAXON^. 
Sworn to, before me, 

Mvember 6tli, 1824 ETHER SHEPLEY. 



I, vToiies WasSj of Addison, in tlie state of Maine, testify, and say. 
tliat 1 was master of the schooner Rel)ecca, of Addison, of the burthen 
of about twenty-seven tons; that I sailed fiom Addison on the first 
day of July, 1824^' !n*the said schooner, fitted out for the fisheries; 
that I proceeded in said schooner, and made the <'Mur Ground," about 
fifteen miles south cast of the Island of Grand Menan, the same day, 
and anchored the next morning; caught a few quintals offish; it came 
on to blow fresh, and 1 went in and anchoi-ed about half-a-inilc from 
land, under the Island of Grand Menan; went on shore in a boat, with 
a barrel, and obtained a barrel of water, for w!)ich 1 wdnt to the Isl- 
and; and having ])v.t the water on board, got under way, and stand- 
ing off to the fishing ground, percei\ed the barge of the British gun 
brig Dotterel giving chase, and continued to proceed on the same 
course, the barge still ]nirsuing tii! evciung, it being about 3 o'clock, 
1'. M. \\hen we left the IsIiukI; the h;uge firing a number of times; 
at dark Me lost sight of the barge, being tlieu jsear the Nova Scotia 
shoi-e; then returned partly back to the iishing ground, and hove to 
under the ff)resail. and the next morning came in and anchored at 
Guli-rove in the Isln .•' of Grand Menan, where were six other Ame- 
rican vessels: got unaer way again an hour ailer sun-rise, and stood 
out to sea; liie wind blew so f'i-es!» that we could not anchor on the 
fishing ground tliat d;iy, and we rciturned ;uid am bored again at Gull- 
cove. The next movniv.g, being the foui-th of July, got under way and 



[93] 



89 



pi'occeded to the fishing-ground first mentioned, and on Monday, the 
iifth, continued on the Mur Ground, fishing: on Tuesday, the slxtli of 
July, in the morning, the wind hlowing Iresh, we iiove up and laid 
to under her foresail, and ahout 8 o'clock, A. M. weatlier being thick, 
and nearly out of wood, went into or near Gull-cove. About 1 o'clock, 
the barge came alongside, all hands beiiig emjiloyed in dressing fish,, 
and ordered us under way, and said he was going to carry us into St. 
Joliu's: demanded my papers, which were given up. 1 declined na\i- 
gating my vessel by order from tiie barge, and tlie master of tlie barge 
directed his own crew to get her under way, whicli was done. We 
were carried to St. John's in tiic Rebecca, and put us ashore, and wc 
made the best of our way hoiiie, leaving the vessel. She now lies at 
the wharf in St. John's. No libel or j)roceedings have ever been insti- 
tuted against the Rebecca, that I can learn; and have learnt fi-om the 
collector of the port of St. Andrews, that, a few days since, she had 
not been libelled. The Rebecca was o\\ncd wholly in Addison, by 
Wilmot Wass, Lemuel Wass, and myself. The place in Grand Menan, 
called Gull-cove, had been formerly pointed out by the Britisli author- 
ities on the Island, as well as on tlie water, as the place where we 
should be permitted to anchor and throw the "gursy" ove] board. 
The loss to t!ie owners must be at least seven hundred dollars. 

JONES WASS. 
November 1, 1824. 

Sworn to before me, 
Ether Shepiey. 

I, Jolm Wright, on oath, declare, that I was mate on board of the 
Rebecca, and that all the facts, above stated, in the affidavit of Jones 
Wass, which have been read to me, are true. 

JOHN WRIGHT. 

^''ovember 1, 1824. 

Sworn to before me, 
Ether Shepley. 



I, Charles Tabbut, on oath declare, that I was master of the schoon- 
er William, of Addison; that I sailed on or about the 27th day of 
June, 1824, fitted out for the fisheries, and proceeded to the fishing 
ground on and near Grand Menan bank, and continued to fish from 
fifteen to eighteen miles distant from Grand Menan, until the thir- 
teenth day of July; and, on the fourteenth, having lost some of our 
water, found ourselves in want of water, having only half a barrel 
on board, and that too bad for use; then ran into Grand Menan for 
water, that being the only place, as the weather then was, where we 



40 [ 98 ] 

could obtain it^ and on the fifteenth anchored at Gull Cove in Grand 
Menan; liad been at anchor about ten minutes, when we were boarded 
from the barge of the British armed brig Dotterel, the papers were 
demanded, and delivered, and the men from the barge were ordered 
below to search for arms — found two muskets — took the arms, and 
knives. I asked the master of the barge what he was going to do 
with us? He answered that we had been damned saucy to the inhabit- 
ants. To wliich I replied, that 1 had never been ill used by the in- 
habitants, nor i!i used tliem; I had never before been into the land, 
and could not have used them ill. The master of the barge then threat- 
ened to cut me into ounce pieces, to lash me to the deck, and to gag 
me with the pump bolt, or pump brake: the vessel was then got un- 
der weigh, carried near shore, and moored, and stripped, the boat 
taken away, and we were left on board the vessel, thus stripped, and 
deprived of the boat, and without water, and lying in a dangerous 
place. Tlie master of the barge said if we called a boat, or landed, 
or made any noise, he would shoot us. He passed us several times, 
and I called to him and asked for water; he answered that he would 
come to our assistance, but did not. Despairing of obtaining any 
from the barge, I called to the master of an English vessel, who aid- 
ed me with a boat to go on shore and obtain a little water; I went, 
and obtained a few gallons. The next morning, the master of the 
barge came on board again, and carried the vessel to St. Andrews, 
and reported to the collector there, that we were found in Grand 
Mcnan, in want of neither wood or water. After endeavoring to 
obtain a release of the vessel, without success, was ordered to leave 
the vessel, and did leave her. I asked the master of the barge how 
he could detain my vessel contrary to the treaty? He damned the 
treaty, and them that made it. The vessel was owned by William 
Wass, and William Nash ; she was libelled, deemed forfeit, and, 
sold, no person appearing to claim her; and the reason that no per- 
son claimed her was, that the costs and expenses, attending it, would 
be as much as the vessel was worth; the loss to the owners and crew, 
must be near two thousand dollars. 

CHARLES TABBUT. 
J^ovemher 2, 1 g24. 

Sworn to, before 

ETHER SHEPLEY. 

I, Josiah W. Perry, on oath declare, that I was a hand on board 
the schooner William, that the facts, as stated by Charles Tabbut, 
are wholly true, the same having been read to me. 

JOSIAH W. PERRY. 
JS''ovember £, 1824. 

Sworn to, before 

ETHER SHEPLEY. 



[93] 



41 



I, Christopher Wass, on oath declare, that I was managing master 
of tlie schooner Sea Flower, of Addison, my son being master, and 
sick on sliore. and the vessel having, during the previous part of the 
season, been employed in the fisheries, and sailetl on the twentieth of 
September, on the Grand Menan Bank, and continued there fishing 
on Tuesday and Wednesday; and about eight o'clock, P. M. Wed- 
nesday, blowing fresh from the west, hove up the anchor and laid to 
under the foresail. Tlie wind, during the nigli*, drew into tiie north- 
west and blew very heavy, and split her foresail; reefed the sail 
above the rent and set it again, and laid till day-light: then stood to 
the northward and eastward, and made the southwest Jiead of Grand 
Menan, bearing north by east; made the Mur Rocks, and obliged to 
go between them, and fetched in to Kent's Island near Grand iVlenan, 
being Thursday morning. Friday and Saturday bhnving fresh and 
storming, could not mend our sail. Sunday continuing to blow fresh, 
laid still. Monday went out on to the outer part of tlie rips, five or 
six miles from the land; cauglit a few fish, and continuing to blow so 
that we could not anchor, came in and anchored again at Kent's Is- 
land. Tuesday went out to the rips again, still blowing fresh and 
raining, and heavy sea from the eastward, could not anchor, caught 
only a few fish, and in running in cari'ied away our fore-shrouds; 
hauled down the foresail and ran in to the same harbor again. Wed- 
nesday morning was boai'ded from a tender to the British armed brig 
Dotterel; papers were demanded and delivered; asked what business 
we had there; and was answered that we were riding out the gale with 
both anchors ahead. The master of the tender, after mnch entreaty, 
consented to give up to us most of the fish and salt, and next morning 
set all hands on shore at Kent's Island, and carried the vessel to St. 
Andrew's where she now lies. No proceedings, have been instituted 
against her that I can learn. She was owned wholly by me; and my 
loss will be as much as seven hundred dollars. I have never heard 
of any complaints against the vessel, other than that she was found in 
the harbor, and was accused of going in too frequently during tlie 
last few days. 

CHRISI'OPHER WASS. 
Mvember ist, 1824. 

Sworn to before 

Ether Shepley. 

I, Jones Wass, was mate of the Sea Flower at the time above- 
mentioned, and have heard the affidavit, signed by Christopher Wass, 
read; and, on oatli, declare the facts therein stated are wholly true. 

JONES WASS. 
JVovember 1st, 1834. 

Sworn to beforeETHEU SUEPT4ET, 



42 [ 9B ] 

I, Joel McKinscy, on oath, declare that I was a hand on board the 
boat Rover*, of Addison, fitted oat for the fisheries; that we sailedjthe first 
part of the month October, 1824, and proceeded as far as Little River, 
where we lay about nine days wind bound, and caught some herring; 
went out on Friday morning for 1 he Seal Islands, but finding the wind 
unfavorable, concluded to proceed to the southwest head of Grand Me- 
nan, and laid to six or seven miles from the Island to the westward, 
fishing; while lying in this situation, a tender to the British armed 
brig Dotterel passed hetween us and Grand Menan eastward, and 
wont round the point of the island out of sight; we continued fishing, 
and drifted nearer to the island, and the tender, about the middle of 
the day, returned and fired a gun toward as, we being then to the 
westward of the island, and distant from it four or five miles; the 
tender came up and spoke to the skipper of the hoat, and asked him 
what business he had there; he answered, that he had a right to fish 
there, for he was in our own waters; our papers were taken, and we 
were ordered to follow the tender, and followed her into Seal Cove, 
in the western end of Grand Menan; where we were sent on shore, 
and the boat started for St. Andrews. The boat was owned by Wil- 
liam Nash. The loss to the owner will be about two hundred and 
fifty dollars. 

JOEL McKINSEY. 

A'^ovember Sd, 1824. •' 

Sworn to before 

ETHER SHErLEY. 



I, Otis Bryant, of Jonesborough, on oath, declare, that I was skip- 
per of the boat Escape, of Jonesborough, belonging to Jeremiah Smith, 
and sailed the forepart of October, fitted for the fisheries; proceeded 
to Little River, and wind being ahead and blowing heavy, could not 
j)roceed on to the fishing grounds, and remained in Little River eight 
days, and then proceeded toward the island of Grand Menan being 
IVom tlirce to foui- miles distant from the south west point of the isl- 
and, the tender of the Bi'itish armed brig Dotterel came down upon 
us, and fired at us, and put a man on board, and directed us to follow; 
took the papers and carried us into Seal Cove, in Grand Menan. The 
next morning we were directed to leave the boat and go ashore, and did 
so; tlic boat started for St. Andrews. The loss to the owner and crew 
must be two hundred and fiftv dollars. 

OTIS BRYANT. 

J\'))vember 2, 1824. 

Sworn to before 

ETHER SHEPLEY. 



[ 93 ] 43 

Moses Smith, on oath, declares, that he lias attended to and lieard 
read the statement signed b^' Otis Bi-yant, and being a hand onboard 
the boat, knows the facts therein stated arc true. 

MOSES SMITH. 
Sworn to before 

ETHER SHEPLEY, 
JSTovember 3, 18iJ4. 



I, Jacob Winslow, of Dennysville, being a hand on board of the 
schooner Pilgrim, of Deniijsville, James Wooilvvard master, sailed 
from Lubec about the 1 1th day of June last, and piocecded oti to the 
outer grounds of the Island of Grand Menan, and began to fish tbe 
14th, being then frou) 10 to 12 miles distant from tbe Island — wind 
blowing fresh, and tide strong, broke an anchor, and stiuck adril't — 
got under way, and dressed one fish. Tlie next day went on board 
of the Galleon, Hunt, to borrow an anchor, and could not obtain oncj 
next morning anchored on tlic ground called the gravelly bottom, 
near the schooners Galleon and Hero, and distant from 8 to lU miles 
from the Island, caught from 10 to 12 quintals of fish, and then struck 
adrift — then, finding ourselves unable to work to advantage with one 
anchor, and that a iightone, concluded to go home to get one; about 
half an hour after, a vessel from the southeast came down Uj)on us, 
and fired several times, came on board, and proved to be a tender to 
the British armed brig Dotterel, demanded, and took our papers, and 
took out two of the haiuls, myself and Benjamin Scott, and put us on 
board the tender; asked us what we v/ere doing there, and answeied 
had been fishing; master of the tender said we had no business to fish 
there in British waters, and would make us smart for it this year; 
he asked me what land it was in sight; sai<i he had never seen it be- 
fore; was told it was the Island of Grand Menan; asked if there was 
any harbor into which I could pilot him, and being informed there 
Avas, asked me to pilot him in, which I did; before was carried in, 
master of the tender asked what vessel was ahead of us, told him did 
not know; he said he would know, and bore down upon her, directing 
the Pilgrim to follow; he ordered a marine to fire upon the vessel, 
and he fired several times; soon came up with her, and she proved to 
be the schooner Hero, and boaided her; inquired why they did not 
heave too at the first fire; master of the Hero answered him, that no 
colors were shewn, and he did not know that any thing was want- 
ed of him; the papers of the Hero were then demanded, and delivered, 
and two men taken from her and put on board the tender, and two of 
the tender's men put on board the schoorici-; the tender was then 
piloted into a harbor by me, taking witli lur {in- i^iigrim and Hero; 
master of the tender inquired if tiiere was nuy custom-house oiiicer of 
His Majesty on the Island; being infornjcd tliere was not, then asked 
if there was any other King's oUicer, and was told there was not, ex- 
cept a pilot; then went ashore, and examined till about 11 o'clock at 



44 [ 93 ] 

ni.a;lit, wlien, with difliculty, he came aboard again, and was very 
violent; laid there three days, then got under way, and went up to 
tlie Wolves Islands; and went ashore; tarried there a short time, then 
asked me to pilot him into Beaver harbor; there ordered all snils of 
his own and the two other vessels unbent- and carried on shore; then 
asked him to permit me to go home, as I had done before, but he re- 
fused; told him, would give him a bill of sale of the boat if he would 
let me go, she being mine, but he declined; I comj)Iaincdof hard treat- 
ment, and he threatened to siioot me, and to tie me; next morning 
directed sails brought on board and'oetit; got under way, and beat out 
of the harbor, bound, as he said, to St. John*s; saw a vessel, and in- 
quired if had seen an armed brig, being answered that had seen her 
at St. John's, we returned to Beaver harbor, and tarried that nighti 
then started sgain for St. Johns; beatupabout half way to St. John's, 
and anchored in a pir.cc called Mason's Bay in the evening; about 10 
o'clock the cockswain came on board the Pilgrim, I having been previ- 
ously sent on beard of Sjer to sleep, and brought a pint of rum, and order- 
ed men to keep a s'rict v. alch, and left ns; as soon as the lights were out 
on board thctcudci', oneof the!ncn onboard of us trom the tender being 
bejow' asleep, the othi r one pro;;osed going aw ay w ith the Pilgrim to the 
United States. Wc :tOon got the Pilgrim under way, and started for 
Lubec. The i!T>an wlio was below asleep then came on deck, and ask- 
ed where we wlvq going. I told him to Lubec. He told me as there 
was but little v.ind, he titought we shotild be caught; and had better 
go back. I said wc would keep out of their reach. He said, if taken, 
they wciild shoot Jiim; and then went below, and soon came up with 
two cutlasses, and said he would t:plit any man's brains out in the 
King's name, that offered to resist him. This it was advised that he 
should do, to clear him from harm, in case we should be taken; he 
having agreed, before we started, to the adventure; and he ordered the 
man to desist who wa.3 rowing, then knocked off Captain Woodward's 
hat. I then went and took one of the sword's from him, and tlic 
other he laid dew n, and went below. Wa came on home to Lubec 
•with the vessel, obtained an anchor, and in four or five da} s after 
sailed again on to the bank of Grand Meisan, fifteen miles or moi'e 
distant from the Ishuid, and continued there fishing four or five days; 
one of the men who came from tSie Dotterel still continuing with us, 
by his own desire. Was informed that the schooner Hero, an Ame- 
rican vessel, which had been captured, v;as fitting out and armed by 
the British to take me; saw the Hero, soon after, boarding several 
vessels, and got under way and went up to Mount Desert, and fished 
there four or five w eeks, and then returned to Dennysville, and wash- 
ed out our fish, and eight days after sailed again, and went on to 
Marblehead IJank, so called, and began to fish: the island of Grand 
Menan bearing north northeast,eighteen leagues distant, and continued 
to fish there six or eight days; then stood in to Grand Menan bank, 
being five or six leagues distant from the island, and anchored, and 
laid to, being Sunday, and all turned in. Soon the brig Dotterel 
came upon us, and sent a boat w ith five men on board, w ith cutlasses 



[ 93 3 45 

drawn — inquired for Martin, the man who had cosne aNvay with us, 
and continued to fish with us. I told him 1 did not iviiow — believed 
he had gone to Boston; asked me if 1 w as sii.inper of the vessel, and 
answered I was in jdace of one; asked for the papers, and I declined 
delivering iheni; told him they had one set of her papers; n\ as told to 
get into tlie boat and go on board the brig, and did so. Tiit-y then 
got the Pilgrim under way; the captain m the Dotterel asked my 
name; was told it; said he had got a j)re}ty good history of niy cha- 
racter; told him 1 had not robbed any body, or killed any one, oi- 
stole any thing; he asked for Martin; was tt)ld 1 did not know; be- 
lieved he had gone to Boston; then said to him if you are going to 
keep the vessel, if you will put me on board one of these fishermen, 
that I may goiiome, shall be much obliged to you Home! said he; 
yes; if you waikt to go home, I will carry yo*' home to Halifax, 
where 1 will have you tried and huiig. I asked him to lei me go on 
board the Pilgrim and get my clothes. He said no, damn you, you 
shan't have any clothes; asked again for my clothes, and was per- 
mitted to go and get them; abked iiim if he was to give me any tlung 
to eat; he said no; asked him if I should fetch souic provisions from 
my own vessel, and how much; he said ietcii a week's pro\ ision; 
went aboard the Pilgrim, and was putting up some pro\ ision, 
when Jones, who was on boani, and had command of the Pil- 
grim, called me up; told him the Captain toI<l luC ti) get some 
provision, but he would not permit me to get more than twehcor 
iburteen biscuit, and foiir or five ])ounds of p«i*k; was oi-dei'cd to get 
into the boat and go on board the brig. By this time they had seajxh- 
cd in the hole of the vessel, and found Martin hid there, and put iiiin 
in the boat. When we went on board the brig, found five or six ma- 
rines, with muskets and fixed hayonets. They took Martin and car- 
ried him below. I was sent aft, and kept there, giiarded by marines, 
till eight or nine o'clock in t!ie evening. Soon alter, v, as sent down 
the after hatchw^ay, and shackles j)ut upon my ancles, and a large bar 
of iron put through them and fastened to the deck, and an old sail, 
with the ropes in it, given nie to lie on; atul thus 1 was kept four 
days, then took out and cai'ried me under guard upon the quarter 
deck, where I found the officers paraded. Captain chai-ged me with 
threatening their men's lives, and threatening to throw them over- 
board; I told him I had done no such thing; he said Paine (who was 
the man onboard the Pilgrim that came up with the swords) had told 
him so, and that I would have done so unless 1 had been prevented by 
Scott, one of my own men. I told him I could not have used a brother 
better than 1 did Paine. Captain then said if I would tell him wheie 
the Ruby and Reindeer were, would let me go with iny vessel. Told 
him did not know^, and if I did would not tell hiin. — SVe had now ar- 
rived at Halifax — asked the Captain w 'nat he should do with me — he 
said I should be carried to St. .John's and hangeil. Asked him for 
something to eat, telling him my own provisions were all gone — he 
said 1 ought not to have any thing to cat. The next day I asked him 
again for something to eat, li^ving had nothing-- said he had not yet 



46 [93] 

seen the Admiral, ami I could have nothing till he had seen him. I 
then told him 1 hasl i-ohbed no one, was no pirate, but thought he was; 
for if I was to be j)ijt to death he should do it like a man, and not 
Stan erne to death — told him 1 wished to go ashore and be put in pri- 
son. On the iburtli day after 1 made application for food, and had 
none for all tliis time, was taken on deck, told I was to go to St. 
Jolin's to be hung, and two-thiids of a sailor's allowance given me, 
and continued this way sixteen days, and then came out and came on 
to the banks of Grand Menan; and the next morning made a harbor 
in New Brunswick: tlicn went to St. Jolin's^ and Captain went on 
shore, and came back, and sent the Pilot down tome, who told me to 
go to the Captain and tell him that you will give him a bond for sixty 
dollars to bring tJje vessel to St. John's, and he will give you an order 
for her, and you take good care not to fetch her here. I went up, and 
Captain said, I suppose you want to go home, don't you? 1 answer- 
ed yes. I suppose if you went home yon would give me a pretty 
name, would you? Told him I would give him no worse name than 
he deserved. Then asked if ever I was in jail there. Told him no. 
He said I should be bcfoi'e night. Told liim 1 should prefer that to 
being on board. He then told me iC I had any friends in St. John*s 
that would give him a bond for forty dollars, I might go to Halifax 
and get my vessel, and bring her to St. John's. I went ashore in his 
boat, procured a bond, and brouglit it to him; then tohl me I must not 
give him a bad name, but be thankful tiiat he had let me go and given 
me my vessel; took the bond for forty dollars to deliver the vessel 
there in thirty days, and ga\ c me an order for my vessel — said, you 
will take care, 1 suppose, not to come with her. Told him thought I 
should. I then ([tiil his vessel, and came directly home. The vessel 
is still at Halifax, (suppose, I have not been after her — 'J'he above is 
a true liistory of the whole proceedings of the Pilgrim this season. 
I have been in her all the time. She has never been in any British 
harbor except where mentioned, nor fished in any other place than is 
above stated — The loss of property is one thousand dollars. 

JACOB >¥1NSL0W. 
November 5, 18PA — Sworn to before 

Ethee Skepiey. 



William Howard, aged fourteen, on oath declares, that lie, with 
two other boys, aged seventeen, and thirteen, last August took a small 
boat belonging to Mr. Thomas Brown, the boat having about fifteen 
feet keel, and went down the bay a fishing, and passed by the little 
island called the Thumb-Cap, about half a mile, and fished thereabout 
an hour and an half; then went towards Casco Bay Island, and fish- 
ed perhaps three quarters of an hour — then started to come homej 
got up to Friar's Bay, in Campo Bello, and the Dotterel hailed us; 
■we went up, and on board the Dotterel, and they took our boat and 
moored her alongside, kept us until next morning, and then set us on 



[93] 



47 



shore on Campo Bello; they have detained the hoat and usedher, and 
still do, as a boat for the Dotterel. Have often seen the boat pass- 
ing in the waters with the Dotterel's men. We wont out for plea- 
sure fishing, and to get a fresh fish for our own use. William How- 
ard is an apprentice to a blacksmith. 

WILLIAM HOWARD. 
jyovember 6, 1824. 

Sworn to, before 

ETHER SHEPLEY. 

Benjamin Newman on oath declares, that he has heard the state- 
ment signed by William Howard read to him, and that the facts there- 
in stated, except so far as they relate to the use of the boat by the 
Dotterel, are wholly true. 

BENJAMIN NEWMAN. 
J\''ovember 6, 1824; 

Sworn to, before 

ETHER SHEPLEY. 



Thomas Brown on oath declares, tliat he was the owner of a small 
boat which William Howard, and two other boys, took and went out 
to fish in; they came back without the boat, and said she was taken 
from them by the Dotterel. I weiit to St. Andrews to find her, and 
asked one of the officers of the Dotteiel to let me have the boat, but 
was told I could not have her. I then applied to Mr. Dunn, the 
Comptroller of the Customs at St. Andrews, to get him to intercede 
with the Captain of the Dotterel for the boat; he answered me that 
he could not, that no report of such a seizure had been made to him; 
that the Captain was a bad fellow, and had the day before insulted 
the custom-house. 1 returned without the boat — have since observed 
her to be used by the Dotterel's men, and believe she is still in use 
as a boat to the Dotterel. She cost me about twenty-two or three 
dollars, with the apparatus. 

THOMAS BROWN. 

tYovember 6, 1824. 

Sworn to, before 

ETHER SHEPLEY. 



I, Elisha Small, master of the schooner Ruby, of Luhec, on oath 
testify and declare, that I sailed the eighth day of July, fitted out for 
the fisheries, and went on, and near to, the Grand Menan Bank, and 
continued there to fish sixteen or seventeen days; then ascertained 
that our wood and water were expended; the wind blew heavy from 
the north, and after attempting, without success, to gain the American 
shore, put in to Grand Menan, in Two Island harboi*, to procure 
wood and water; this was the twenty-fifth of July, in the afternoon, 



48 [ 9a ] 

and laid there till the next morning, having obtained my wood and 
water; and by five o'clock next nioiniiig;, got under way to go out ol" 
the harbor; soon saw the barge of the Dotterel lying under the Crreen 
Islands, and said to thcotlsers, vvesh(»uld betaken; the wind died away; 
we were becalmed, and Ihe barge came down upon us and took us. The 
Reindeer, the Friend, and the Diligence being near, small lines were 
jsassed tVom my vessel to the ReinOcer atid the Diligence, I being bc- 
twee'ii them. When the barge came within, say one hundred rods, 
she iired over our heads, and then a second time near us without 
speaking us; then can.ie near and ordered the Reindeer to let go her 
anchor and all to cast apart; the anchor was let jgo; then he went 
and boarded the Friend, which lay thirty or forty i-ods distant; then 
came again with their arms for action, and ordered us to cast apart, 
which was done: the I'cason we did not cast iipart at fwst w.as, tliat 
we did !)ot fully understand the order; then took possession of the 
Reindeer. I then went on board the Reindeer; he then came and 
took ])ossession of the Ruby. I asked why he took me; and asked 
him if I was not allowed to go in for wood and water: he said 1 was; 
but it was time I was out: told him 1 had departed before I had ob- 
tained as much as I wanted; I mentioned to him that the treaty allow- 
ed us to go in for wood and water: he said he did not caro a damn 
for the treaty, every vessel he caught within three miles of the land 
he would make a prize of; he took out the crews and put my crew on 
board the Diligence, and the Reindeer's crew on boai'd thejFriend, and 
told the Fi'iend and Diligence they might go; put a Midshipman and 
three men on board the Liu by, and directed them to follow him to St. 
Andrews, he being on board t!ie Reindeer. We beat up round East 
Quoddy, and got up opposite Indian Island when the Diligence and 
Madison came upon us. The Diligence came upon the Ruby, hav- 
ing her own crew aTid five of luy crew, and two men from East- 
port, twelve in all, on board, armed with muskets, and hailed us and 
told us to give up the vessel. I told the Midshipman I would go be- 
low, he asked me not to, said he would give up the vessel; he gave 
up the vessel; the Diligence took possession of her, and the Midship- 
man and his men went on board the barge. The Ruby was brought 
in; the crews of the thiec vessels wliich wei'o connected in Two Is- 
land harbor were never collected on board of my vessel, she being 
the middle one, with muskets and fish spears; nor was there any such 
show of resistance made, or any such collection of men on board of 
cither vessel. When the vessels were retaken, there was not a gun 
fired till after they were both retaken, and then only by way of re- 
joicing. They gave out that they would have the Reindeer and Ruby 
if they had to burn Moose Island; I did not, therefore, 'tl^^nk it pru- 
dent to trust her at sea again. The loss to the owner and crew will 
be five hundred dollars. 

ELISHA SMALL. 
JK'^ovember 6//i,1824. 

Sworn to before Ether SnEPiiEV. 



[ 93 ] 49 

1, Benjamin Small, on oath declare, that I was a hand on board the 
schooner Ruby when she was taken by the Dotterel; that t!ie state- 
ment of facts signed by Elisha Small has been read to mc, and I 
know all the facts to be true which are related to have taken place 
before I came away in the Diligence. We came in the Diligence di- 
rect to Eastport; I went to Elisha D. Green, of Eastport, find told him 
I wanted ten muskets, it having been agreed between the Ruby's crew 
and the Diligence crew that we would retake the Ruby, he and ano- 
ther gentleman obtained for us seven muskets; and the two clerks in 
Green's store, one named Howard, and the other Fields, said they 
would go with us; they went on board with mc; thei-e being then 
twelve in all on board, iiaving seven muskets, and two pistols, and 
two bayonets only, and wcjit down behind Indian Island waiting fur 
them, laid there about half an hoar and saw the Madison coming 
down; she spoke us, and Fields and Howard wenj; on board the Ma- 
dison, and then returned, having agreed that the Madison sliould at- 
tack the Reindeer, and the Diligence the Ruby; then all went below 
but three men: ran down and passed the Reindeer, and the Madison 
approached the Reindeer, and we the Ruby; I hailed the Ruby, and 
told her to heave to, being only three of us on deck; I hailed again 
and tliey did not obey: then the crew came up; then the men on board 
the Ruby let go the gib sheets and fetched her up into the wind; then 
our crew, and the two clerks, and James Leighton, Skipper of the 
Diligence, went on board the Ruby and took possession of her; the 
men belonging to tlie barge left her and went on board the barge; we 
then lioisted American colors, discharged our muskets, and ran into 
Eastport; no muskets were fired till after the vessels were ictaken, 
and the men belonging to the barge had left them. 

BENJAMIN SMALL. 
J^A)vember 6, 1 824. 

Sworn to before Ether Shepley, 



Benjamin W. Coggins, of Lubec, master of the scliooner Fricod. 
of Lubec, on oath declares, that he sailed from Lubec, the 2()t!i of 
July last, and went on to tlie fishing ground four or five leagues from 
Grand Menan. On the twenty-fifth, seeing Small, of the Reindeer, 
going in, and wind blowing fresh, and water short, followed him 
into Tv.o Island harbor, anchored there about four o'clock, T. M. 
went ashore, and obtained wha< water I could, and got it on board 
about nine same evening: wind iuid then died away; 1 could not get 
out; at five next morning a light biijeze from noitl'. west, got under 
way, and went out in company with the Reindeer, Ruby, and Dili- 
gence; wind died awa}', and vessel floated with the current; barge 
of tlie Dotterel soon came iipcm ns; tlie other tluee lay together, and 
barge fired over tlicm; directed one to let go her anchor, and tiicn 
came to me. asked me what business I had tiicre. I told ln"m I was 



50 [ 93 ] 

becalmed, and could not get out; he said that is a damned pretty 
answer to give me, when the wind was hlowing here a gale all day 
yesterday. I said yesterday I went to two Island harbor to obtain 
water. He then directed my sails to he hauled down and ray anclior 
to be let go, which was done; he then left me, and directed the other 
vessels to cast apart; they did so, and came to anchor; he boarded 
the lieindecr and took possession of her, and sent her crew on board 
of me, and they asked him, what if I would not take them? He told 
them to take my vessel then and go to Lubec. And I tlien took my 
boat, and went to see Jones, and asked him if he was going to send 
Kie to Lubec with the men? He said he was; and told me he would 
give me orders when 1 should get under way; in about half or three 
quarters of an hour he gave me a signal to get under way. I did so, 
sivA after getting out of sight, told the Reindeer's crew that if I could 
get u)) to Lubec belbi-e they got up, would get some assistance there, 
and go with the Friend and retake the Reindeer; came up as fast as 
I could, and my vessel grounded before I got in; then liove out the 
boat, and Reindeer's crew got into the boat with me and one of my 
crcw% and the Diligence towed us up to Lubec. Then went to the 
Revenue Cutter, Smith; told him the story, and asked him if he could 
not go and re take them as they came in by East Quoddy? He said 
he coi'.ld not, but gave me a line to the collector; the collector refus- 
ed to let the cutter go. Then went to the wharf and hailed my broth- 
er, v,ho was master of the Madison, and asked him if he would let the 
Madison go and re-take the Reindeer, if I could obtain a crew; he 
said he would. I called round to get men to go on board; got four, 
and two riiles, and two muskets, and two pistols, and powder and 
ball: took the men on board the Madison and went to Eastport; 
then, having seven men and four muskets, my brother having thecom- 
maud. when at Eastport hailed the men on the wharves, and asked 
them to send us two more muskets; they did send us two. and a man 
came with them; then run down and spoke the Diligence. Mr. How^- 
ard and Mr. Fields came on board, and it was agreed tiiat they should 
board the Ruby, and me the Reindeer. We then ran down for the 
Reindeer, a?fd they for the Ruby. We boarded the Reindeer first; 
my brother having chai'ge, and being on deck with one man and one 
Ijoy, the rest below. Brother hailed him and told him to heave to. 
Mr. Jones called his men to quarters. Brother told him he would 
give biffi five minutes to consider whether to' give the vessel up before 
he compelled him to do so, and run his vessel so near that we could 
step from one vessel to the other. Jones said, the first man that steps 
Iris foot on this vessel shall be a dead man. Brother then called all 
bands from below; and we went up with our muskets, seven of us, 
there being (mly ten men on board, besides two or three boys. Jones 
tlicn laid his sword down aitd said the vessel is yours. We put four 
men on board, and toM skipper Small to make his way to Eastport. 
Jones then went on board his barge with his men. Then brother 
hailed him; asked him to come on board the Madison and take 
Something to drink, and he did. He then said wc were good fellows 



[93] 



51 



for having retaken thcin; he took them according to his orders, but 
without any pro vocation, asid was glad we had got then*; lie then 
went his way, and we ouis. There was no gun (ired till alter the 
vessels were re-captnred. Mr. Howard is a lad, seventeen or eigh- 
teen years oldi has never been a captain of any compfiny of nulitia. 
I have hcaril that he was captain of a company of boys, in Eastport, 
who trained with wooden guns and swords. 

On the tvventy-nintii of August last, being on Grand Menan Bank, 
saw the Doticrel take possession of the Pilgrim, she beisig then about 
nine leagiies distant from the Grand Menan. The Madison was also 
caj)tured at the same time and place. 

The injury to ine, by breaking up my fishing cruise, has been five 
hundred dollaivs. 

B. W. COGGINS. 

Sworn to before 

Ether Suepiey. 

JVox'. 6, 18i24. 

Heniy Coggins, on oath, says, he has heard the statement signed 
by B. W. Coggins, read; is acquainted with the whole transactions 
on board the Friend, and knows them to be ti'uly stated. Saw the 
Pilgrim and Madison taken the twenty-ninth of August, on the bank, 
nine leagues distant from the island. 

HENRY COGGINS. 
Sworn to before 

Etuer Siiepley. 
JVov. 6, 1824. 



J^ovember 7th, 1824. 

I. Harding Clark, of Dennysville, master of the schooner Hero, of 
Dennysville, on oath, do testify and say, — That I sailed on the thir- 
teenth day of June last, fitted out for the fishery, and proceeded on to 
Grand Menan bank, and continued to fish until the sixteenth; then 
struck adrift in the fore part of the day — made an attempt to i*egain 
our ground, but not succeeding, the barge of the brig Dotterel came 
upon us, fired and boarded us — demanded our papers, which were 
given up, and took possession of the vessel, she being then from six 
to nine miles distant from the land — Two of my men were taken out, 
and two of his put on board my vessel, and I was directed to follow 
him. — I did follow and wait his movements for fourteen days, during 
which time he was employed in boarding vessels — Was, during the 
time, in Beaver, and other harbors. — Often asked him to let me and 
my crew go home, there being opportunities, but was denied. — One of 
the men being sick, was detained on board the barge, and did duty 
there, as did the other. At the expii'ation of the fourteen days, arrived 
at St. John's — were all there put onboard the Dotterel — were detained 



52 C 9'^ ] 

there two days, with only one meal of victuals, and then put on shore 
and dismissed. — Captain told me he had given the vessel np to Cus- 
tom House — went to the Custom House; was there told he had not. — 
Asked if I could see the Captain again, and he was sent for, and he 
came — asked him to give up the vessel, telling him I did not consider 
hot' liable to seizure — he said he would think of it — said he wanted her 
for about a fortnight's cruise, and did not know but he should give her 
U[) to me then — I returned home, and went there in a foj-tnight, as he 
desired me. The Hero came in from a cruise three days after I arrived 
there, having been out cruising thirteen days. — She then took in sup- 
plies for another fortnight's cruise, and sailed again the same day, un- 
der the command of the pilot of the brig. Saw the Captain, and asked 
him if he would let me have the vessel, as he had agreed to — he said he 
had made a new arrangement, and should not let me have the vessel. 
I came home again and left her. When last at St. John's, I applied 
to Messrs. Crookshanks and Johnson, merchants of St. John's, to as- 
certain when she was libelled or proceeded against; and about three 
weeks ago, received a letter from them, stating that the Hero had not 
been libelled; but had been employed as a tender to the Dotterel. — 
The vessel was owned by Manning Clark and myself. The loss is 
not less than nine hundred dollars. I have not been out before this 
season — this being the first and only cruise this season. 

HARDING CLARK. 
Sworn to before Ether Shepley. 



I, William Rumery, of Lubec, testify and say, that I was a han'J 
on board the schooner Madison, of Lubec, fitted out for the fisheries? 
that we sailed about the 25th of August last, and went on to Grand 
Mcnan Bank about twenty-one miles or more from land, and fished 
till the 29th of the same month; saw a brig bearing down upon us; 
soon hailed us; asked the name of the vessel; Skipper not being then 
on board, I answered, the Madison; sent a boat aboard, and ordered 
all the crew aboard the boat, and carried us on board the brig Dotte- 
rel; ordered the Madison under way for Halifax; ordered us under 
the forecastle deck among the goats and fowls, where we remained 
four days; gave bread and water to us once a day; arrived fourth 
day at Halifax, and set us all ashore but Robert Rumery; told us we 
must get a passage home as we could; we got a passage and came 
home, leaving the Madison at Halifax, where I suppose she is now. 
The fish and salt they sold out of her in harbors on the way before 
they arrived in Halifax. The injury and loss is about nine hundred 
dollars. I saw \^ inslow in irons at Halifax. 

WILLL4M RUMERY. 

^^ovember 6fh, 1824. 

Sworn to before 

ETHER SHEPLEY. 



[ 93 ] 53 

I, Robert Rumery, on oath, declare, that I have heard the state- 
ment signed by William Rumery read, and know that it is wholly 
true. I further state, that, after the remainder of the Madison's 
crew left us, I continued on board the Dotterel sixteen days^ my bro- 
ther William left me a little provision; after that was gone, I had 
nothing for two days; then had two-thirds of a seaman's ration, ex- 
cept grog; then got under way and came to L'Etau harbor. Deer 
Island; asked Lieutenant what he was going to do with me; said I 
should be carried to St. Johns, and put in prison until my trial, 
and, no doubt, I should be hung; then got under way, and went to St. 
John's; laid there four days, then was told I might go on shore; went 
ashore and thence home. 

I was a hand on board the Madison when she was going out and 
met the Diligence and Friend bringing in the crews of the Reindeer 
and Ruby that liad been captured. After learning the facts, we put 
about and ran into Lubec and anchored. Benjamin Small wanted us 
to go with them and help take the Reindeer and Ruby, as the Friend 
had got aground, and Capt. Ansel Coggins, of the Madison, agreed 
to go, and all the crew but one, and took on board seven or eight 
others; there were not more than twelve or, at most, fifteen on board; 
had a number of muskets, but no bayonets; then went down upon the 
Reindeer; our Skipper hailed them, and told them to heave to; Jones 
told his men to prepare for action; we hailed a second time, and Jones 
ordered the fore sheet cast off, and told Robert Small that he might 
take charge of his vessel and carry her to Eastport. Jones and his 
men went aboard the barge, having first come on board of us and 
drank some grog by invitation, and we went to Eastport. No guns 
were fired till after the Reindeer was retaken, and Jones had left us 
and gone on board of his barge, and then only by way of rejoicing. 

ROBERT RUMERY. 

jyovember 6th, 1824. 

Sworn to before 

ETHER SHEPLEY. 



Dr. The United States to Ether Shepleij. 

1824. 

J^'ov. 16. To services making inquiry relating to the diffi- 
culties between our fishermen, and the officers 
of the British armed brig Dotterel; travelled 
540 miles; took twenty-seven depositions; ab- 
sent nineteen days, and expenses, - - g 250 00 
Received payment, 

ETHER SHEPLEY. 



54 [ 93 ] . 

Columbia, September 27, 1824. 

Sir: Enclosed is a regular protest, in relation to tlie capture of 
the schooner Rebecca, which case, with others, it is hoped, will re- 
«eive the attention of Government. 

Respectfully, your obedient servant, 

STEPHEN EMERY. 
Hon. John Quincy Adams, 

Secretai'y of State. 



Ujvitep States of America. 

State of Maine,! 
ff'ashington, J 

Be it known that on the twelfth day of July, in the year of 
our Lord one thousand eight hundred and twenty-four, personally ap- 
peared befoi-e mc, Solomon Thayer, Notary Public, by legal author- 
ity duly admitted and sworn, and dwelling at Lubec, state and coun- 
ty aforesaid, Jones Wass, master of the schooner Rebecca, of Addi- 
son, and noted his protest. And now, on this ninth day of Septem- 
ber, A D. {824, he again appears to extend the same; and with him, 
also appears John Wright, fisherman, belonging to the said schoon- 
er, who, being severally sworn, do depose and say, that, on the twen- 
ty-ninth day of June, now last past, they;sailed in said schooner Re- 
becca from Addison, on a fishing cruize on the Grand Menan Banks, 
and arrived there on Thursday, the first day pf July, and commenced 
fishing at a distance of fifteen miles from land — continued to fish dur- 
ing that day. On the next night, the wind springing up quite fresh, 
were obliged to run in to Grand Menan for a harbor. Arrived at 
Duck Island, so called, and anchored at two o'clock Friday morning; 
went on shoie, and obtained a barrel of water, having a lialf barrel 
only on board. In about an hour from the time of anchoring, saw 
an armed boat making towards us; up anchor and stood to sea. The 
armed boat gave chace, and continued it all the next day, frequently 
firing muskets at the schooner Rebecca. As soon as it came on dark 
she lost sight of us, we were then near the Nova Scotia shore. We 
then put back to Grand Menan, and arrived there the next morning. 
Immediately made for the fishing banks, and continued to fish there 
that day. At night, the wind blowing quite fresh, run in for a harbor. 
The next day, being the fourth of July, and Sunday, went on to the 
banks and anchored; the next moi-ning commenced fishing, and caught 
twenty quintals. The following nigl)t, wind fresh, hove up, and laid 
to under our foresail until morning; tjjen run into Bucks rock, so 
called, near Giand Menan, to procure wood, and to dress our fish. 
In about half an hour after we arrived, the same boat that had chased 
us OH Friday, came upon us, and took forcible possession of the Re- 



[ 93 ] 55 

becca, and her papers, ordered her underweigh, and took her to the 
city of St. John's, and stripped her. 

The declarants further say, that during said cruize, they did not 
fish within from twelve to fifteen miles from Grand Menan, nor run 
in near the land, unless to get water, purchase wood, and from stiess 
of weather. 

The said Jones Wass, for liimself, saith, that, on the seventh day 
of Septemher, now current, he left the city of St. John's, where he 
had been to solicit the liberation of the said schortner Rebecca, but 
that said schooner had not then been libelled for trial, and tliat he 
Avas told by » hai'les J- Peters, tlie Judge of the Vice Admiralty Courts 
for the Province of New Brunswick, it was uncertain when she 
wonld be. 

Wlierefore, they do protest, and I, the said Notary, in their be- 
half, do solemnly protest, against said armed boat, against pirates, 
and the wanton abuse of power by armed boats on the high seas, un- 
der pretence of authority; against being deprived of rights, confirm- 
ed to American fishermen by the convention 'with Great Bsitain of 
1818, and against winds, seas, and tides, and whatsoever else may 
have caused the capture, and wanton detention, of the said schooner 
Rebecca, of Addison. 

JONES WASS, 
JOHN WRIGHT. 

In faith whereof, I have hereunto affixed my seal, and sub- 
scribed my name, the ninth day of Sej)tember, A. D. 
fsEAL.] eighteen hundred and twenty-four. 

SOLOMON THAYER. 

JVotary PuUic, 



LIBRftRY OF CONGRESS 



002 875 366 4 i 



